Utkal Automotive Pvt v. Eicher Motors Ltd.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3311 of 2011 M/s. Utkal Automotive Ltd. & another.

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Petitioners -versusM/s. Eichar Motors Ltd.

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Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

16.03.2022 04.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

The petitioners in this application under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") have prayed for quashing of the orders dated 08.10.2010 and 26.11.2010 passed by the learned S.D.J.M., Panposh in 1.C.C. Case No.492 of 2009 condoning the delay in filing the complaint and taking cognizance of the offence under Section 138 of the N.I. Act.

3.

No one appears for the petitioners at the time of call. Learned counsel for the opposite party is present. This case is of the year 2011 and one decade has already been passed from the date of filing of this case. As such, the petitioners appear to

// 2 // be recalcitrant litigants and have lost interest in the present litigation. Hence, this CRLMC stands dismissed for nonprosecution. Interim order dated 28.10.2011 passed by this Court stands vacated.

4.

A copy of this order be communicated to the Court below forthwith.

(S. Pujahari) Judge MRS