, ..t^ t: '' $-s4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 38412010 PASKO LEASINGH P.LTD. ..... Petitioner Through Mr. J.L. Behl, Adv. VETSUS KALI CHARAN SIIARMA ..... Respondent Through NIr. A.K. Dubey, Adv. CORAM: HON'BLE MS. JUSTICE MUKTA GT]PTA ORDER oh 27.09.2011 CII.M. A. | 6327 I 2010 (.dela:r) For the reasons stated in the application the delay of 11 days in filing the petition for leave to appeal is condoned. Application stands disposed of. CRL.L.P. 384/2010 Learned counsel for the Petitioner states that the Petitioner could not appear before the learned Metropolitan Magistrate on 13fr July, 2010 because he was suffering from vomiting, loose motions and dehydration on the said date and his counsel was busy in some other Court. For the reasons stated in the petition the leave to appeal is granted. Petition stands disposed of. 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 , :'i" t- CRL. A. No, I z ? 1201 1 (Jg be numbered) The Appellant had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881. During the pendency of the complaint the Appellant was regularly. appearing before the learned Metropolitan Magistrate but on the last date of hearing that is on 13fr July, 20IO neither the Complainant nor his counsel were present, hence the complaint was dismissed in default. Learned counsel for the Appellant submits that the Appellant had been suffering from vomiting, loose motions and dehydration from 10th July, 2010 to 17th July, 2010 and therefore could not appear before the learned Trial Court on the date fixed. From the perusal of the medical certificate of the Petitioner, the non- appearance of the Appellant appears to be genuine and bona fide. Therefore the present appeal is allowed subject to payment of cost of Rs.5,000/- to the Respondent on or before the next date of hearing before the learned Trial Court. The order dated 13th July, 2010 dismissing the Complaint Case No. 444107 is set aside and the complaint is restored to its original position. Appeal stands disposed of. The parties will appear before the learned Trial Court on.9ft Novembe r, 2011. Order Dasti. lrwf'1L , MUKTA GTIPTA,J SEPTEMBER 27, 20LLvkm