Tarun Kumar v. Inderjeet Singh Chawla Through Lr Amarpreet Singh Chawla

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3525/2025 and Crl.M.A. 15530/2025 TARUN KUMAR .....Petitioner Through: Mr.Ishan Sanghi, Advocate versus INDERJEET SINGH CHAWLA THROUGH LR AMARPREET SINGH CHAWLA .....Respondents Through: None.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 14.08.2025 1.

Petition under Section 528 of the BNSS before this Court is to seek quashing of the orders dated 22.04.2025 and 05.05.2025 passed by learned Judicial Magistrate, First Class-06 (North District) Rohini Courts in CR No. 5293865/2016.

2.

The matter was earlier heard by a Co-ordinate Bench of this Court on 19.05.2025 when the following order was passed. "3. The present petition under Section 528 of the BNSS, 2023 seeks the following prayers:- "It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to quash/set aside the Orders dated 22.04.2025 and 05.05.2025 in the case bearing CR. No. 5293865/2016 titled "Inderjit Singh Chawla versus DD Buildwell and Another" pending before the Court of Ms. Garima Jindal, Learned Judicial Magistrate First Class-06 (North District), Rohini Courts, Delhi; and to further cancel the Non Bailable Warrant issued against the Petitioner, in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the light of the facts, circumstances and grounds taken hereinabove.

Any other order(s) which this Hon'ble Court deem fit and proper in the facts and circumstances of the case may also be passed in the favour of the petitioner and against the respondent."

4. Learned counsel appearing on behalf of the petitioner submits that vide the impugned order dated 22.04.2025, the learned Trial Court has issued NBWs against the present petitioner. It is pointed out that the order sheet itself reflects that the petitioner was appearing through VC in the morning when the matter was put up at 11:30 AM at joint request. It is submitted that the petitioner and her counsel could not appear in time and therefore, the NBWs were issued. It is pointed out that on previous occasions as well, the accused has been regularly appearing as reflected in the order sheets annexed with the present petition.

5. On the petitioner taking necessary steps, issue notice to the respondent, through all permissible modes, returnable on 14.08.2025.

6. In the meantime, the order dated 22.04.2025 issuing NBWs against the present petitioner shall remain stayed till the next date of hearing subject to the petitioner appearing before the learned Trial Court on the date fixed i.e. 01.07.2025.

7. Copy of the order be sent to the concerned learned Trial Court for necessary information and compliance.

8. Order be uploaded on the website of this Court forthwith."

3.

On resumed hearing, on a query posed to learned counsel for petitioner, it transpires that subsequently the aforesaid order, the petitioner had been appearing before the Trial Court.

4.

In the premises, the proceedings before this Court are rendered infructuous. The entire purpose of issuance of NBWs was to make the petitioner cause his appearance, thus the aforesaid NBWs stand recalled. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

The petition along with accompanying application is thus disposed of as rendered infructuous.

ARUN MONGA, J AUGUST 14, 2025/SV The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.