Final Order 4

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF MS. APARNA SWAMI, ASJ-07
PATIALA HOUSE COURTS, NEW DELHI DISTRICT,
NEW DELHI
CNR No. DLND01-000515-2025
Criminal Revision No. 57/2025
IN THE MATTER OF :
(i) Depioneer Alliance Law LLP
Through its partners
At: S-16, 1st Floor
Green Park Extension
New Delhi-110 016
(ii) Depioneer Holidays Pvt. Ltd.
Through its Directors
At: D-15, Ground Floor
B P NDSE-II, Ring Road
New Delhi
(iii) Honey Bhardwaj
W/o Vipin Bhardwaj
(iv) Vipin Bhardwaj
S/o Late Ramesh Chand
(v) Sachin Sharma
S/o Late Ramesh Chand
At: D-15, Ground Floor
B P NDSE-II, Ring Road
New Delhi
(vi) Aman Kashyap
At: S-16, 1st Floor
Green Park Extension
New Delhi-110 016 ......... Revisionists
Vs.
Prakash Chand Agrawal
S/o Late Sh. Nandi Lal Agrawal
R/o Brij Nursing Home
near Bathan Gate, Bypass (NH-2)
Kosi Kalan (Rural), Mathura
Uttar Pradesh-281 403
......... Respondent
Date of institution : 28.01.2025
Date on which order reserved : 16.05.2025
Date of order : 28.05.2025
Decision : Revision is dismissed
CR No. 57/2025
Depioneer Alliance Law LLP Vs. Prakash Chand Aggarwal
	Page 1/4
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ORDER
1. The present revision petition is filed under Section 438
of the Bharatiya Nagarik Suraksha Sanhita (hereinafter
referred to as ‘B.N.S.S.’) against the impugned order dated
20.12.2024, passed by the court of Ld. JMFC(NI Act)-05,
Rouse Avenue District Courts, New Delhi, in Complaint Case
No. 41100/2024, titled as Prakash Chand Agrawal Vs.
Depioneer Alliance Law LLP & Ors., whereby summons were
directed to be issued against the revisionists under Section 138
read with Sections 117 and 141 of the Negotiable Instruments
Act, 1881 read with Chapter XVI of the B.N.S.S., 2023.
2. It is the contention of the revisionists that the learned
Trial Court erred in taking cognizance and issuing summons
without providing an opportunity for hearing to them, thereby
violating the principles of natural justice, as contemplated
under the proviso of Section 223 (1) of the B.N.S.S., 2023. It
is further alleged that the said order was passed without
jurisdiction and the revisionists were not furnished with the
complete set of complaint at the initial stage.
3. The respondent/ complainant has filed a detailed reply
opposing the revision petition and has pointed out that the
impugned order dated 20.12.2024 stood rectified by the
subsequent order dated 03.02.2025, wherein the learned Trial
Court clarified the inadvertent listing of the matter for notice
CR No. 57/2025
Depioneer Alliance Law LLP Vs. Prakash Chand Aggarwal
	Page 2/4
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framing and correctly listed the matter for arguments on the
point of cognizance. The court also allowed the prayer for time
sought by the accused persons to examine the complaint and
annexed documents and the matter was posted for arguments
on 29.04.2025.
4. A bare perusal of the judicial orders dated 20.12.2024
and 03.02.2025, reveals that the alleged procedural irregularity
has already been remedified by the learned Trial Court. The
accused persons have now been duly furnished with the
complaint and annexures and granted time to respond. The
case is pending at the pre-cognizance stage, and no prejudice
has been caused which would warrant interference by this
revisional court at this stage.
5. In light of the above circumstances, it is apparent that
no manifest illegality, impropriety or perversity survives in the
impugned order dated 20.12.2024, which now stands merged
with the subsequent corrective order dated 03.02.2025.
6. Therefore, nothing survives to be adjudicated in the
present revision petition.
7. Thus, the present revision petition stands dismissed.
8. A copy of this order be sent to Ld. Trial Court along
with the Trial Court Record.
CR No. 57/2025
Depioneer Alliance Law LLP Vs. Prakash Chand Aggarwal
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9. Revision file be consigned to Record Room.
Announced in the open court
On 28.05.2025
(Aparna Swami)
ASJ-07/PHC/New Delhi
28.05.2025
CR No. 57/2025
Depioneer Alliance Law LLP Vs. Prakash Chand Aggarwal
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