M/S K & Co Through Its Manager v. Paam Pharmaceuticals Ltd & ORS

$-9 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.L.P. 402/2014 M/S K & CO THROUGH ITS MANAGER Petitioner I I Through:

Mr. Davinder N. Grover, Advocate with Mr. Rajeev Wassan, Advocate I versus , PAAM PHARMACEUTICALS LTD & ORS Respondent | Through:

Mr. Atul Sahi, Advocate :

CORAM:

HON'BLE MR.

JUSTICE SIDDHARTH MRIDUL

ORDER

% 06.01.2016 Having heard learned counsel for the parties, this Court is of the view that I there are sufficient grounds for grant of leave to appeal. Accordingly, the Criminal Leave Petition is allowed. The matter is directed to be registered as Criminal Appeal. CRL.A.

/ft /2016 (To be Numbered!

The present is an appeal under Section 378 of the Code of Criminal Procedure, 1973 (Cr.P.C.) assailing the order dated 15.04.2014 passed by the learned Metropolitan Magistrate, Special Court (NI Act), Saket, New jDelhi • • • "

I j whereby Complaint Case No.2353/1 titled as "K and Co. V5. Paam Pharma & Ors. under Section 138 of the Negotiable Instruments Act, 1881 instituted by j the appellant/complainant was dismissed in default. n n n !

A perusal of the said order reveals that the order impugned herein was I occasioned on account of the mistake on the part of the counsel appearing on I Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

, n behalf of the appellant herein in recording the next date of hearing before the concerned Magistrate. The extract of the case diary of the counsel for the appellant is annexed to the present appeal as Annexure P-5 in support of his submission.

After hearing counsel for the parties, it is apparent that the appellant has not been negligent in prosecuting the complaint before the concerned Magistrate.

In view of the foregoing, the plea urged on behalf of the appellant seems to be genuine. The complaint filed on behalf of the appellant has not been heard or adjudicated on merits.

In my considered opinion, an opportunity must be granted to the appellant/complainant to prosecute the complaint before the concerned Magistrate.

The present appeal is, consequently, allowed. The order impugned herein dated 15.04.2014 is set aside. The complaint case being CC No.2353/1 titled "K and Co. V5. Paam Pharma & Ors. ", under Section 138 of the Negotiable Instruments Act, 1881 is restored to its original number and remanded back to the Court of the concerned Metropolitan Magistrate, Special Court (NI Act), <*'■ VSaket subject to the payment of Rs.2,000/- as costs to the private respondent within a period of two weeks from today.

List this matter before the concerned Metropolitan Magistrate on 02.02.2016 for hearing and adjudication of the above mentioned complaint case

in accordance with law.

The appeal is disposed of accordingly.

A copy of this order be sent to the concerned Metropolitan Magistrate for necessary information and compliance.

SIDDIjrARTH MRIDUL, J JANUARY 06, 2016 dn -■c