Final Order 2

Order Details: COPY OF ORDER
Pdf Text: CNR No: DLND010069082022
Vajras Logistics Pvt. Ltd. & Ors. v Everfast Freight Forwarders Pvt. Ltd.
Criminal Revision454/2022
02.11.2022
Present: Sh. Ankit Vats, Advocate for the revisionists.
Sh. Shivam Sharma, Advocate for the respondent.
Notice of the present revision petition has been served upon
the respondent and memo of appearance is filed on behalf of the
respondent by Mr. Shivam Sharma, Advocate.
Mr. Sharma states that he has not been supplied with copy of
the revision petition. There is available a spare copy of the revision
petition alongwith annexures on the judicial record, which be supplied
to Mr. Sharma.
After some arguments, learned Counsel for the respondent
states that he has no objection if the present revision petition is allowed,
however, subjects to costs.
Heard and perused the record. The revisionists are aggrieved
of order dated 14.07.2022 followed by order dated 01.08.2022 whereby
the Ld. Trial Court has declined to allow the application under Section
145 (2) of the Negotiable Instruments Act, 1881.
The trial Court record is made available and it bears
testimony to the effect that accused No.1 company besides accused Nos.
2 and 3 had put appearance on 30.11.2019 and notice under Section 251
Cr.P.C. was put to them for committing offence under Section 138 of the
NI Act on 22.01.2020. However, for more than two years no application
Contd/…..
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was moved on their behalf under Section 145(2) of the NI Act, and
therefore, the Ld. Trial Court vide impugned order dated 14.07.2022 was
pleased to adjourn the matter for recording the statement of accused and
same order was passed on the subsequent date i.e. 01.08.2022.
Ex facie, there has been inordinate delay on the part of the
revisionists/accused persons in moving the application under Section
145(2) of the NI Act. However, considering that the revisionists are
denying their liability to make any payment to the complainant and for
the concession afforded by the learned Counsel for the respondent, the
present revision petition is allowed and the impugned orders dated
14.07.2022 and 01.08.2022 are set aside thereby, allowing the
revisionists to crossexamine the witnesses of the complainant as per law,
subject to deposit of costs of Rs.10,000/ with the New Delhi District
Legal Services Authority and receipt thereof, be shown before the Ld.
Trial Court. However, this order shall be without prejudice to the rights
and contentions of the parties.
Trial Court record alongwith copy of this order be sent back
forthwith. The parties are directed to appear before the Ld. Trial Court
on the date already fixed i.e. 16.11.2022.
File of revision petition be consigned to the Record Room.
(Dharmesh Sharma)
Principal District & Sessions Judge
New Delhi/PHC/02.11.2022
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