High Court of DelhiCRL.REV.P./662/2015

Ramfin Fortunes Pvt Ltd v. Sumit Sunil Sadh

2016-01-12Hon'Ble Mr. Justice P.S.Teji2 pages

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 662/2015 RAMFIN FORTUNES PVT LTD ..... Petitioner Through:

Mr. Ashish Mohan, Mr. Mohit Kumar, Advocates versus SUMIT SUNIL SADH ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 12.01.2016 Crl. M.A. No.15355/2015 (Exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

Crl. M.A. No.15334/2015 (Condonation of delay) By this application filed under Section 482 of Cr. P.C., the petitioner seeks condonation of delay of 275 days in re-filing the accompanying petition.

For the reasons stated in the application, the same is allowed and the delay of 275 days in re-filing the accompanying petition is condoned.

Application stands disposed of.

CRL.REV.P. 662/2015 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 Bombay. 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 JANUARY 12, 2015 pkb