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Judgment
DINESH KUMAR SHARMA, J. (Oral)
CM APPL.25168/2022 (exemption)
Exemption allowed subject to all just exceptions.
CRL.M.C. 6456/2022
Present petition has been filed for restoration of CC No.2891/2021 titled as Harkrishan Singh (senior citizen) vs. Pargat Singh.
Learned counsel for the petitioner submits that the complainant could not appear on the date fixed as the date was wrongly noted down as 31.10.2022 in place of 31.08.2022. Learned counsel submits that only on 31.10.2022, the complainant came to know that the petition was dismissed in default for non-prosecution on 31.08.2022. Learned counsel for the petitioner further submits that in fact he has filed the documents and the affidavit on the official e-mail ID of the Trial Court but it seems that there was some error.
In view of the submissions made, CC No.2891/2021 titled as Harkrishan Singh (senior citizen) vs. Pargat Singh is restored to its original number, subject to payment of costs of Rs.5,000/- to be deposited with the Delhi High Court Legal Services Committee within 7 days. Petitioner shall furnish the receipt before the learned Trial Court.
Petitioner is directed to appear before the learned Trial Court on 15th December, 2022.
Present petition stands disposed of.
