Allowed¶34

Alok Masterbatches Pvt. Ltd. v. Lakshya Ploytex Pvt. Ltd.

Delhi HC10 Feb 2025CRL.L.P./324/2022

Case brief

AI extract

What is this about?

Section 138 NI Act; cheque bouncing complaint; dismissal for non-prosecution; leave to appeal; CRL.L.P.; setting aside of dismissal; Covid-19 pandemic; merits over technicalities; remand to ACMM Saket; costs Rs. 10,000/-; Delhi High Court Clerics Association; Jasmeet Singh, J; 10.02.2025; CRL.A./2025.

What did the court decide?

Leave to appeal granted and appeal allowed; impugned judgment dated 01.04.2022 set aside; appellant to appear before the learned ACMM, South-east, Saket District Court, Delhi on 28.02.2025 at 10:00 a.m., where the ACMM will mark the matter to the concerned MM for appropriate proceedings; costs of Rs. 10,000/- payable by the petitioner to the Delhi High Court Clerics Association, with proof of payment to be filed before the learned ACMM. ¶34

Alok Masterbatches Pvt. Ltd. Vs Lakshya Ploytex Pvt. Ltd. — Cheque Dishonour | Delhi HC (2025)

What the court decided

AI extract

Outcome

¶34

Issue for consideration

Whether leave to appeal should be granted to the petitioner against the judgment dated 01.04.2022 passed in Complaint Case No. 42014 of 2019 dismissing its complaint under Section 138 of the Negotiable Instruments Act. +2 more

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Court's answer

Leave to appeal is allowed and granted to the petitioner.

¶19

Ratio / Principle

Because the complaint was dismissed at a stage where notice had not been issued to the respondent, the respondent's presence was not necessary for disposal of the leave to appeal.

¶14

Key takeaways

The explanation that the matter, pending during the Covid-19 pandemic, was missed out from the diary of counsel for the appellant seems justifiable.ratio¶25
The endeavour of the Court should be to hear the disputes and decide them on merits rather than on technicalities.ratio¶26
The appeal is allowed and the impugned judgment dated 01.04.2022 is set aside.ratio

Detailed headnote1 paragraphs

Delhi High Court (Jasmeet Singh, J.), CRL.L.P. 324/2022, decided 10.02.2025: Leave to appeal granted to the complainant against the judgment dated 01.04.2022 of MM-04 (N.I. Act), Saket District Court, dismissing its Section 138 Negotiable Instruments Act cheque-bouncing complaint (Complaint Case No. 42014/2019) for non-prosecution at a stage when summons/notice had not been issued to the respondent. The explanation that the file was missed from counsel's diary during the Covid-19 pandemic was held justifiable; the Court observed that the endeavour of the Court should be to hear disputes and decide them on merits rather than on technicalities. Appeal allowed; impugned judgment set aside; appellant directed to appear before the learned ACMM, South-east, Saket on 28.02.2025 at 10:00 a.m. for appropriate further proceedings; costs of Rs. 10,000/- imposed on the appellant, payable to the Delhi High Court Clerics Association, proof of payment to be filed before the learned ACMM. Respondent not served; its presence held unnecessary.

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$~20

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.L.P. 324/2022

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ALOK MASTERBATCHES PVT LTD .....Petitioner

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Through: Ms. Kirti Mewar, Adv.

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versus

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LAKSHYA PLOYTEX PVT LTD .....Respondent Through:

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R % 10.02.2025

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This is a petition seeking leave to appeal challenging the judgment 01.04.2022 passed in Complaint Case No. 42014 of 2019 titled as “Alok Master batches Pvt. Ltd. Vs. Lakshya Polytex Pvt. Ltd.” , passed by learned MM-04 (N.I. Act)/ South-east, Saket District Court, Delhi.

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It is stated by Ms. Mewar, learned counsel for the petitioner that in the present case, the petition was dismissed for non-prosecution.

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It is stated that on account of Covid-19 pandemic, the case was missed out from the diary of the counsel for the petitioner and subsequently, the same could not be followed up.

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Even though notice has been issued, the respondent is not served.

¶14

In the present case, the complaint filed under Section 138 of Negotiable Instruments Act was dismissed at a stage where the notice had not been issued to the respondent.

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Hence, the presence of the respondent is not necessary for the

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2025 at 12:42:43

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purposes of disposal of the leave to appeal.

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For the said reasons, leave to appeal is allowed and is granted to the petitioner.

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CRL.A. /2025 (To be numbered)

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The Registry is directed to number the appeal.

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The appeal is also taken up for hearing today.

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In the present case, the appellant had filed a complaint under Section 138 of Negotiable Instruments Act for bouncing of cheque.

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The complaint was dismissed for non-prosecution on 01.04.2022, at a stage wherein summons had not been issued to the respondent.

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The reason given by the learned counsel for the appellant is that the matter was pending during Covid-19 pandemic and hence, was missed out from the diary of the counsel for the appellant seems justifiable.

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This Court is of the opinion that the endeavor of the Court should be to hear the disputes and decide them on merits rather than on technicalities.

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For the said reasons, the appeal is allowed and the impugned judgment dated 01.04.2022 is hereby, set aside.

¶28

The appellant shall appear before the learned concerned ACMM South-east, Saket District Court, Delhi on 28.02.2025 at 10:00 a.m., where the learned ACMM will mark it to the concerned MM for appropriate proceedings therefrom.

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However, the appellant has been negligent and has consumed valuable judicial time and hence, must pay some costs.

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The petitioner shall pay a sum of Rs. 10,000/- to Delhi High Court Clerics Association.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2025 at 12:42:43

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On paying the costs, proof of the same shall be filed before the learned ACMM.

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The appeal is allowed and is disposed of in the aforesaid terms.

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JASMEET SINGH, J

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FEBRUARY 10, 2025/sp

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Click here to check corrigendum, if any

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This is a digitally signed order.

¶39

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2025 at 12:42:43

Alok Masterbatches Pvt. Ltd. v. Lakshya Ploytex Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Alok Masterbatches Pvt. Ltd. v. Lakshya Ploytex Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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