High Court of DelhiCRL.REV.P./663/2015

Pramod Aggarwal v. Dinesh Sharma

2016-03-18Hon'Ble Mr. Justice P.S.Teji2 pages

$~17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 663/2015 & Crl.M.A. No.15356/2015 PRAMOD AGGARWAL ..... Petitioner Through Mr.Mohit Kumar, Adv.

versus DINESH SHARMA ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 18.03.2016 Crl. M.A. No.15356/2015 (Condonation of delay) By this application filed under Section 482 of Cr. P.C., the petitioner seeks condonation of delay of 295 days in re-filing the accompanying petition.

For the reasons stated in the application, the same is allowed and the delay of 295 days in re-filing the accompanying petition is condoned.

Application stands disposed of.

CRL.REV.P. 663/2015 The present petition is filed on the ground that the complaint

filed by the petitioner was returned by the learned Metropolitan Magistrate for filing the same before the Courts at Lucknow. Subsequently, there is an enactment to the effect that the State where the cheque is presented, the Courts having territorial jurisdiction shall have the jurisdiction to try such complaints. Counsel for the petitioner submits that since the Trial Court cannot review its own order, therefore, this petition may be disposed of by granting liberty to the petitioner to present its complaint before the Trial Court.

Admittedly after an enactment, the complaint is liable to be presented before the learned Metropolitan Magistrate, who had returned the same.

In view of the aforesaid, the present petition is disposed of with liberty to the petitioner to present his complaint before the learned CMM in accordance with the enactment.

P.S.TEJI, J MARCH 18, 2016 aa