Ghulam Qadir Parray v. State NCT Of Delhi And ANR

$~74 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4016/2024 & CRL.M.A. 15288/2024 GHULAM QADIR PARRAY ..... Petitioner Through:

Mr. Naman Aggarwal, Mr. Gaurav Aggarwal, Mr. Arshid Bashir, Mr.

Rishabh Chaudhary & Mr. Vishnu, Advocates.

versus STATE NCT OF DELHI AND ANR ..... Respondents Through:

Mr. Utkarsh, APP for the State.

Mr.

Sanjeev Arora, Advocate for Respondent No.2 (Through V.C.).

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 21.05.2024 1.

The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC'), seeking quashing of the summoning order dated 12.05.2023 passed by the learned MM (NI Act), Rohini Courts, North District, Delhi and the complaint case being CC NI Act No. 160/2023, filed under Section 138 of Negotiable Instruments Act, 1881 ('NI Act') by the Respondent No.2, titled as Jeet Rajpal vs. Ghulam Qadir Parray.

2.

At the outset, learned counsel for the respondent submits that he has miscalculated the period for filing 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 22/05/2024 at 11:55:10

3.

He submits that there has been delay of five days which can be explained if the opportunity is given. 4.

In view of the above, this Court considers it apposite to permit the respondent to file an application, within a period of two working days, seeking condonation of delay, in filing the complaint under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act') against the petitioners.

5.

The summoning order dated 12.05.2023 is, therefore, set aside and the matter is remanded back to the concerned learned Metropolitan Magistrate ('MM') to decide afresh after considering the application that may be filed by the respondent seeking condonation of delay.

6.

It is pointed out by the learned counsel for the parties that the matter is now listed for consideration on 24.05.2024. The learned counsel for the respondent submits that the application seeking condonation of delay would be filed within a period of two working days. Since the impugned order is set aside, the learned MM is directed to pass a fresh order after considering the application in case the same is filed by the respondent seeking condonation of delay on or before 24.05.2024. 7.

No further orders are required to be passed at this stage. 8.

The petition is disposed of with the aforesaid liberty. AMIT MAHAJAN, J MAY 21, 2024 'Aman'

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 22/05/2024 at 11:55:10