M/S Kotak Mahindra Bank Limited v. State Of NCT Delhi & ORS.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 49/2022 & CRL.M.A. 18897/2022 M/S KOTAK MAHINDRA BANK LIMITED ..... Petitioner Through:

Mr. Ravi Gupta, Senior Advocate with Mrs. Sanya Lamba, Mr. Rajesh Bansal and Ms. Muskaan Mehra, Advocates along with Mr.

Dipanshu Singh, Authorized Representative of Petitioner versus STATE OF NCT DELHI & ORS.

..... Respondents Through:

Ms. Shubhi Gupta, APP for State.

Mr. Mohit Chaudhary, Mr. Kunal Sachdeva and Ms. Srishti Bajpai, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 08.02.2024 1.

This transfer petition has been filed under Section 407 read with Section 482 Cr.P.C. seeking transfer of Criminal Case No. 20943/2019 titled as 'State v. Mohit Bhunsali', emanating from FIR No. 210/2018 dated 14.08.2018 registered under Section 174A IPC at PS: New Friends Colony pending before the learned Additional Chief Metropolitan Magistrate (South East), Saket District Courts to Dwarka District Courts where Complaint Case No. 5006390/2016 under Section 138 of Negotiable Instruments Act, 1881 (NI Act) is pending.

2.

Efforts have been made during the pendency of this petition to bring about an amicable resolution of disputes between the parties but they have remained unsuccessful.

TR.P.(CRL.) 49/2022 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 13/12/2024 at 15:32:30

3.

At this stage, Mr. Ravi Gupta, learned Senior Counsel appearing on behalf of Petitioner, on instructions, submits that while the petition has been filed for transfer of the case, however, Petitioner would be satisfied if a limited direction is issued to the learned Trial Court, where the proceedings under Section 138 of NI Act are pending, for expeditious disposal since the complaint was filed in the year 2016.

4.

This Court sees no impediment in allowing this limited prayer as, even otherwise, the complaint of the year 2016 ought to be taken up and decided expeditiously.

5.

Accordingly, petition along with pending application is disposed of without expressing any opinion on the merits of the case, with a request to the learned Trial Court, where Complaint Case No. 5006390/2016 under Section 138 of NI Act is pending, to make every endeavour to dispose of the case as expeditiously as possible, in the interest of justice. JYOTI SINGH, J FEBRUARY 08, 2024/kks TR.P.(CRL.) 49/2022 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 13/12/2024 at 15:32:30