Chattar Singh v. Virender Jakhar

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 1110/2024 CHATTAR SINGH .....Petitioner Through:

Ms.Dimple Mahna, Advocate versus VIRENDER JAKHAR .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 23.09.2024 CRL.M.A. No. 27079/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

CRL.REV.P. 1110/2024 1.

Criminal Revision Petition under Section 438(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') has been preferred on behalf of the petitioner (complainant) against order dated 03.06.2024 passed by learned MM (NI Act), Digital Court-07, South-West District, Dwarka Courts, New Delhi in CC NI Act 18974/2022, in proceedings under Section 138 of NI Act, whereby cost of Rs.20,000/- earlier imposed on the respondent, was waived off and a cost of Rs.5000/- was imposed for seeking adjournment. Further, vide order dated 15.07.2024 passed by learned JMFC (NI Act) Digital Court-07, South-West District, Dwarka Courts, New Delhi, the cost of Rs.5,000/- was redued to Rs.1,000/-.

2.

Perusal of record reveals that vide impugned order dated 03.06.2024, 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 02/07/2025 at 12:37:19

earlier cost of Rs.20,000/- was waived since the learned MM was of the considered opinion that the same had been wrongly imposed and position stood clarified in the light of the report of the Process Server. Further, vide order dated 15.07.2024, the cost of Rs.5,000/- was reduced to Rs.1,000/- after considering the submissions made by the counsels. Considering the facts and circumstances of the case, this Court is not inclined to interfere in the impugned orders waiving off the costs imposed by the learned Trial Court.

However, keeping in view the mandate that proceedings under Section 138 of NI Act are required to be expeditiously disposed, learned Trial Court is directed to make an endeavour to dispose of the proceedings, in a time bound manner.

Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

A copy of this order be forwarded to the learned Trial Court for information and compliance.

ANOOP KUMAR MENDIRATTA, J SEPTEMBER 23, 2024/v 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 02/07/2025 at 12:37:19