It) s-33 * IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.L.P. 2O3 /2OLL SHALIMAR PAINTS THR. ITS RAJINDER KUMAR ..... Petitioner Through Mr. S. Sagar, Adv. versus ANKUR BHATIA ..... Respondent Through Mr.Pravin Sharma, APP CORAM: HON'BLE MR. JUSTICE V.K. SHALI ORDER Vo 29.O+.2OLL Crl M.A.noSO2al2OLL 1. This is an application seeking exemption. '2. Thc application is allowed subject to all just exceptions. Crl.L.P.No.2O3l2O11 1. This leave to appeal has been filcd by the petitioner under Section 378(5) read with Section 482 Cr.P.C. against the order dated 21.2.2Oi1 by virtue of which the learned Magistrate has dismissed the complaint case bearing no.1001 l2OO7 which was filed by the prescnt petitioner under Section 138 of the Negotiable Instruments Act. In the impugned order it has been mentioned by thc learned Magistrate that the complainant had failcd to appear on the previous two dates & also failed to take steps for summoning the accused. 2. Thc learned counsel for the petitioner has contcnded that he could (- a t Signing Date:03.09.2024 16:59:12 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 3. not appear on 21.2.2O11 as he was held up somcwhere. Having regard to the facts of the case, since the complaint has been dismisscd without issuance of process to the respondent, therefore, it is not required that the notice be issued to the respondent in the present petition. I have heard the learned counsel for the petitioner and have pcrused the record. Since the compiaint has been dismissed on account of non appearance that too at the threshold, it will be proper to restore the complaint subject to the petitioner depositing a sum of t20,000/- with the Delhi High Court Legal Aid and Advise Committee. Ordered. accord.ingly. Thc originai receipt of the deposit of the aforesaid amount shall be filed in the Trial Court. With these directions, the petition is allowed. Dasti. APRIL 29,2OLl RNc 4. 5. t .c 6. 7. 8. C t v.K. sHALr,J