15# $- * IN THE HIGH COURT OF DELID AT NEW DELHI + CRL.L.P. 424/2010 KRITENDER SHARMA Through: versus MANJU JAIN & ANR Through: CORAM: ..... Petitioner Mr. Sudharshan Rajan and Mr. Narender Pal Singh, Advocates. ..... Respondents Mr. R.S. Rana, Advocate. HON'BLE MS. JUSTICE MUKTA GUPTA o/o ORDER 09.02.2011 Crl. M.A. No. 17474/2010 (delay) For the reasons stated in the application the delay of seven days in filing the leave to appeal petition is condoned. Application is allowed. Crl. L.P. 424/2010 This is a leave to appeal petition against the impugned order dated 25th August, 20 10 whereby the complaint of the Petitioner was dismissed for non-prosecution. Leave is granted. Petition stands disposed of. CRL.L.P. 424/2010 Page 1 of3 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 Crl. Appeal No. f 8 8 /2011 (to be numbered) Registry is directed to number the Criminal Appeal. Learned counsel for the Appellant states that he had inadvertently noted the wrong date and thus, could not be present on the date fixed. In another cases also which was listed learned counsel for the Appellant was not present for hearing. Learned counsel for the Respondent opposing the appeal states that not only on the date when the impugned judgment was passed but even on 25th July, 20 10 the Appellant was not present and thus the learned Trial Court committed no illegality in dismissing the complaint. Heard learned counsel for the parties. From the perusal of the record it is evident that the non-appearance of the Appellant on the date flXed was inadvertent. When the learned counsel for the Appellant reached the Court on 25th July, 2010 the matter was adjourned to 25th August, 2010 at request of the Respondent/accused and he wrongly noted the date of hearing as 3rd September, 2010. The Appellant had been pursuing the complaint diligently. The impugned judgment dated 25th August, 2010 dismissing the complaint and acquitting the accused/Respondents is set aside, subject to payment of costs to CRL.L.P. 424/2010 Page 2 of 3 be paid to the learned counsel for the Respondent. The parties will appear before the learned Trial Court on 16th March, 2011. The costs be paid on or before the date fixed before the learned Tria] Court. Appeal is disposed of. FEBRUARY 09, 2011 vn CRL.L.P. 424/2010 MUKTA GUPTA, J. Page3 of3