Pec Limited v. Phulchand Exports P Ltd. & Ors.
Case brief
What is this about?
Section 138 NI Act complaint dismissed under Section 204 (4) CrPC for failure to serve respondents; Delhi HC (Jasmeet Singh J) grants leave and allows appeal subject to Rs. 50,000 + Rs. 50,000 costs; no inordinate delay/default by complainant; decide complaints on merits not technicalities; restoration before ACMM 31.01.2025, no fresh notice; PEC Limited v Phulchand Exports P Ltd; CRL.L.P. 85/2022; 20.01.2025.
What did the court decide?
Leave to appeal granted and the appeal against the judgment dated 17.11.2021 allowed and disposed of subject to costs of Rs. 50,000/- payable to the counsel for respondent Nos. 1 & 3 and Rs. 50,000/- to the Delhi High Court Bar Association within four weeks, with proof of payment to be filed with the learned MM (failing which the file to be put up before the Court); both parties directed to appear before the concerned ACMM on 31.01.2025 at 10:00 am where the matter would be assigned to a competent court with no fresh notice; respondent Nos. 2, 4 and 5 deleted from the array of parties (respondent No. 2 having died).