Lakha Singh v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 848/2013 LAKHA SINGH ..... Petitioner Through:

None.

versus STATE & ANR.

..... Respondent Through:

Mr. Satya Narain, Additional Public Prosecutor for the State

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 06.01.2016 By this petition filed under Section 482 of Code of Criminal Procedure, 1973 the petitioner is seeking directions for compounding of the offence under Section 138 of Negotiable Instruments Act and for setting aside the order dated 25th February 2013 passed by the learned Metropolitan Magistrate, Karkardooma, Shahdara, Delhi. As per order dated 25.02.2013, the learned Metropolitan Magistrate directed the convict to be taken into custody for serving out the sentence was imposed on him vide order dated 30.03.2012. The present petition came up for hearing on 1st March 2013, and the substantive sentence of imprisonment imposed on the

petitioner was ordered to be suspended and was released on bail and the notice was issued to respondent No. 2/complainant. The matter again came up for hearing on 6th November 2013 and the costs of Rs.5,000/- was imposed on the petitioner as the petitioner did not take any steps to serve respondent No.2. The petitioner appeared on 16th may 2014, 21st May 2014, and through counsel on 5th November 2014. On 27th January 2015, the petitioner did not appear and the matter got adjourned. The matter again fixed for service of respondent No. 2 on 18th May 2015 and on 14th October 2015 but the petitioner did not take any steps to serve respondent No. 2. Today again, the matter was called thrice but nobody appeared on behalf of the petitioner. As per office report, the petitioner has not taken steps to serve respondent No. 2.

In view of the aforesaid, it seems that the petitioner is not interested to pursue the present petition. Accordingly the present petition is dismissed for non-prosecution.

P.S.TEJI, J JANUARY 06, 2015 pkb