Dhiraj Sharma v. State (Govt. Of NCT Of Delhi) & ANR.

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 439/2018 DHIRAJ SHARMA .....Petitioner Through:

Mr Murari Lal Sharma, Adv. (through VC) versus STATE (GOVT. OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr Raj Kumar, APP for State

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 28.01.2025 CRL.M.A. 12519/2018 1.

This is an application seeking condonation of 81 days delay in filing the present appeal.

2.

It is stated that the petitioner got the certified copy of the order on 09.01.2018 and some time was consumed in obtaining the relevant documents. In addition, during the said period, there were exams of the children of the petitioner and hence, the delay. 3.

In the present petition, reply has been filed on behalf of respondent No.2, however there is nobody appearing.

4.

In view of the submissions made by learned counsel and for the reasons stated in the application, the delay of 81 days in filing the petition is condoned.

5.

The application is disposed of.

CRL.M.A. 12520/2018 6.

This is an application seeking condonation of 34 days delay in reThe authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

filing the petition seeking leave to appeal.

7.

In view of the submissions made by learned counsel and for the reasons stated in the application, the delay of 34 days in re-filing the petition is condoned.

8.

The application is disposed of.

CRL.L.P. 439/2018 9.

This is a petition seeking leave to appeal against the judgment dated 29.11.2017 passed by the learned MM-03 (NI Act), New Delhi District, Patiala House Court, New Delhi in CC No. 50014/16 titled „Dhiraj Sharma v. Mohan Singh‟.

10.

Mr. Sharma, learned counsel for the petitioner has drawn my attention para 14 and 15 of the order dated 29.11.2017 which reads as under:

11.

He further states that a perusal of all the receipts shows that the total The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

amount advanced by the petitioner is Rs. 1,50,000/-, which also included a sum of Rs. 25,000/-, however the said factum was totally ignored by the learned MM.

12.

I am of the view that prima facie there is some merit in the submissions of the petitioner. The matter requires consideration. Even though there is a reply on behalf of respondent No.2 supporting the impugned judgment dated 29.11.2017, however, there is nobody appearing on behalf of respondent No. 2.

13.

In this view of the matter, the petition seeking leaving to appeal is allowed and the appeal is directed to be numbered. CRL.A __________ (to be numbered) 14.

"Admit"

15.

To be listed in due course.

16.

The parties are at liberty to obtain copy of the Trial Court Records from the Registry in accordance with Delhi High Court Rules & Procedures. JASMEET SINGH, J JANUARY 28, 2025 sr Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.