16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 37112010 RAMESH ARORA Through: versus ..... Petitioner Mr.S.M. Hooda, Advocate VINAY GOYAL ..... Respondent Through: None CORAM: · HON'BLE MS. JUSTICE MUKTA GUPTA ORDER 0/o 19.01.2011 ,., Crl. Misc. Appl. 15833/2010(Delay) For the reasons stated in the application, the delay of 247 days in filing the special leave to appeal is condoned. Application is allowed. Crl. L.P. 371/2010 For the reasons stated leave to appeal is granted. Crl. A.No. gi /2011. Registry to number the appeal. Signing Date:13.08.2024 17:08:35 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 / Notice issued to the Respondent No.2 has been served. However, nobody is present on behalf of the Respondent No.2. Learned counsel for the Petitioner states that on the ih July, 2011 three complaint cases filed by him were listed before the same court, two of which were filed by the Appellant and one by his wife. The learned Metropolitan Magistrate dismissed the complaints filed by the Appellant due to non-appearance and e adjourned the third matter. Learned counsel states that he had wrongly noted the date as 1 ih November, 2009 instead of ih November, 2009 in all the three matters, and thus he was not present on the ih November, 2009 in any of the cases. In support of his contention photocopies of the file covers and the diary have been filed. The complaint i.e. C.C.No.2079/0l/2007 was dismissed for non-prosecution due to non-appearance. The impugned order dated ih November, 2009 is set aside and thus the order of discharge of the accused is set aside. The complaint is restored to its original position. The complainant will appear before the learned Trial Court on 24th February, 2011. Appeal is accordingly disposed of. JANUARY 19, 2011/dk