Full Order Text
Final Order 4 · 11 May 2023 · CNR DLCT010063952023
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: IN THE COURT OF SHRI NAROTTAM KAUSHAL, PRINCIPAL DISTRICT & SESSIONS JUDGE, CENTRAL TIS HAZARI COURTS, DELHI. CR No. 274/2023 SH. SIDHHARTH CHANDRA …...PETITIONER VERSUS STATE & ANR. ......RESPONDENT O R D E R 1. Present revision petition is directed against the order dated 13.02.2023 vide which the application for dismissal of the complaint has been dismissed by the Presiding Officer, Special Judge, NI Act (Central), THC, Delhi. 2. The petitioner/accused having been summoned vide order dated 17.02.2017 moved an application before the trial court for dismissing the complaint on the ground that part of the cheque amount has already paid. Learned Presiding Officer dismissed the CR 274/2023 Sidhharth Chandra Vs. State Page 1 of 3 pages -- 1 of 3 -- application observing that the court did not have the power to review the summoning order. 3. This court is of the opinion that there is no illegality, irregularity or infirmity in the order so passed as there is no provision in Cr.P.C. empowering the court to recall or review its order. Revision petition to this effect is merit less and be dismissed. 4. At this stage, Sh. Bhatia, counsel for petitioner also argued that summoning order dated 17.02.2017 is illegal and perverse. The trial court did not take into consideration the fact that revisionist/accused had already made the part payment. The order having been passed on 17.02.2017, the revision petition is patently time barred. A period of almost 6 years has lapsed since the order was passed. There is no application seeking condonation of delay in challenge to order dated 17.02.2017 passed by learned MM, NI Act. 5. Sh. Bhatia argued that since the challenge to subsequent order dated 13.02.2023 is within limitation, there is no necessity to file the application for condonation of delay. 6. This court does not find merit in the submissions of Sh. Bhatia. In the absence of any explanation and a formal application seeking condonation of delay, challenge to order dated 17.02.2017 is highly belated. 7. Revision petition to that extent is therefore dismissed. CR 274/2023 Sidhharth Chandra Vs. State Page 2 of 3 pages -- 2 of 3 -- File be consigned to record room. Announced in the open court on this 11th day of May, 2023 (NAROTTAM KAUSHAL) Principal District & Sessions Judge, Central Tis Hazari Courts, Delhi CR 274/2023 Sidhharth Chandra Vs. State Page 3 of 3 pages -- 3 of 3 --