High Court of DelhiCRL.L.P./65/2017

Som Dutt Baksh v. Rajiv Mehta

2024-07-24Hon'Ble Mr. Justice Dinesh Kumar Sharma2 pages

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 65/2017 SOM DUTT BAKSH .....Petitioner Through:

Mr.Puneet Yadav, Mr.Sourabh, Gupta and Ms.Ananya Gupta, Advocates.

versus RAJIV MEHTA .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 24.07.2024 The present petition has been filed for setting aside the impugned order dated 23.12.2016 whereby the complaint being C.C.No.7564/2015 under Section 138 N.I.Act was dismissed for non-prosecution. Learned counsel for the petitioner submits that on two consecutive dates, none could appear on behalf of the complainant on account of inadvertence of the counsel for wrongly noting down of the date and subsequently nonappearance of the counsel for the complaint for the reason beyond his control. Learned counsel for the petitioner submits that if the complaint is not restored, the petitioner will suffer great prejudice. None has appeared for the respondent. However, I have gone through the reply and the written synopsis. The present petition has been opposed by the respondent on the ground that no plausible ground has been given for the restoration of the complaint.

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 02/07/2025 at 07:20:54

I have considered the submissions. The order dated 23.12.2016 indicates that the complainant failed to appear on three consecutive calls. However, as per the contention of the petitioner, the case got dismissed in default for the fault of the lawyer. I consider that for the fault of the lawyer, the party should not suffer.

Hence, without going into the merits of the case, the present petition is allowed. However, the petitioner is burdened with a cost of ₹5000/-. The complaint case is restored to its original number subject to the deposit of fine with the Delhi State Legal Services Authority within one month. Copy of the receipt be furnished.

DINESH KUMAR SHARMA, J JULY 24, 2024 rb/dg 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 02/07/2025 at 07:20:54