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High Court of DelhiCRL.L.P./351/2024

Mohd Mansoor Amam v. Gulab Chandra @ Gulab Chandra Rai

2024-07-25Hon'Ble Mr. Justice Dinesh Kumar Sharma2 pages

$~108 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 351/2024, , CRL.M.A. 21609/2024DELAY-4 DAYS IN FILING THE PETITION MOHD MANSOOR AMAM .....Petitioner Through:

Mr.Niloy Dasgupta, adv.

versus GULAB CHANDRA @ GULAB CHANDRA RAI .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 25.07.2024 CRL.L.P. 351/2024, CRL.M.A. 21608/2024 & CRL.M.A. 21609/2024 Present petition has been filed under Section 378 (4) r/w Section 482 Cr.P.C. seeking leave to appeal to appeal against the order/judgment dated 07.05.2024.

The complaint under section 138 Act was dismissed for nonprosecution for non-appearance as well as non-prosecution. Learned counsel for the petitioner submits that the petitioner is an uneducated person and though he sometime reached the court late but he could not mark his presence. The plea of learned counsel for the petitioner on the face of it is untenable . The order dated 07.05.2024 specifically indicates that the petitioner did not appear for consecutive six dates. I consider that in such 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 08/08/2024 at 11:34:59

cases exercising the discretion in favour of the petitioner will only set bad precedent. The courts are already over-burdened and the careless litigants cannot be given a long rope just to clog the courts. I do not find any merit in the petition. Therefore, the petition along with other pending applications stand disposed of. DINESH KUMAR SHARMA, J JULY 25, 2024 rb ..

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 08/08/2024 at 11:34:59