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High CourtsSingle Bench(2012) 02 DEL CK 0562

Mukul Pal Taneja vs State Nct of Delhi and Another

Delhi High Court · Decided on 28 February 2012

HON’BLE JUDGES
Suresh Kait, J
RESULT
Allowed
CASE NUMBER
Criminal L.P. No''s. 412 of 2011, 413 of 2011, 414 of 2011, 415 of 2011, 416 of 2011, 417 of 2011, 418 of 2011, 419 of 2011, 420 of 2011, 421 of 2011, 422 of 2011, 423 of 2011, 424 of 2011, 425 of 2011, 426 of 2011, 427 of 2011, 428 of 2011 and 429 of 201

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Judgment

11 paragraphs · 334 words

Suresh Kait, J.—Since, all the complaints pending before learned Trial Court had been dismissed on the same day by impugned order dated 03.05.2011, therefore, instant petitions are taken up for disposal by this common order.

2.

Vide instant petitions, the petitioner has challenged the aforementioned impugned order whereby the complaints of the petitioner were dismissed.

3.

After hearing learned counsel for the parties and on perusal of the documents filed by them, I note the petitioner did not appear on 07.05.2010, 23.03.2011 and finally on 03.05.2011.

4.

Having no option, learned Trial Judge has dismissed the complaints on 03.05.2011, because of the fact that the petitioner did not appear on three dates mentioned above, may be due to the reason of communication gap with the lawyer. However, the total amount involved in these cases is Rs. 09.00 lacs.

5.

Therefore, Learned Trial Judge ought not to have dismissed the complaint and should have given one more opportunity to the petitioner / complainant because of the fact, these cases are summons tribal cases and should be dealt summarily.

6.

The substantial justice would be done if the respondents are compensated, as they continued to appear on the dates mentioned above and none appeared on behalf of the complainant.

7.

Therefore, in the interest of justice, by setting aside the order dated 03.05.2011 passed by Learned MM, I allow the instant petitions with cost of Rs. 35,000/- out of which Rs. 25,000/- shall be paid to respondent no.2 and Rs. 10,000/- shall be paid in favour of "Bar Council of Delhi Indigent & Disabled Lawyers Account", Bar Council of Delhi. The said amount shall be paid within two weeks from today and proof of the same shall be placed on record.

8.

Consequently, the complaint cases are restored to their original position and number.

9.

Accordingly, the instant petitions are allowed and disposed of.

10.

Therefore, the parties are directed to appear before the Trial Court on 07.03.2012 at 02:00 PM for further proceedings.

11.

Dasti.