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2022 (2) TMI 1115 - HC - Indian LawsDishonor of Cheque - it is submitted that the present matter relates to the year 2016 and the trial has not proceeded as respondent No. 2 for one reason or the other has deliberately delayed the trial - HELD THAT:- A perusal of the impugned order dated 12.04.2021 would show that the Trial Court, while granting stay on the order dated 06.10.2018 erroneously relied upon Office Order No. 256/RG/DHC/2021 dated 08.04.2021, whereby it was directed that on non-appearance of the parties, no adverse orders be passed against them. It is noted that the said Office Order was passed in continuation of its earlier Office Order dated 20.02.2021. The benefit of the aforesaid Office Order cannot enure in favor of respondent No. 2 as he was declared an ‘absconder’ on 06.10.2018 i.e., much prior to 20.02.2021 and also in view of the fact that the order dated 06.10.2018 came to be upheld by this Court on 22.03.2021. The respondent’s No. 2 earlier petition before this Court also came to be dismissed while noting his conduct in delaying the trial. There is no gainsaying that the impugned order dated 12.04.2021 passed by the learned MM is not only ex facie bad in law but also in the teeth of the order dated 22.03.2021 passed by this Court and was passed on an erroneous reading of the aforesaid Office Order. During the course of submissions, it is also informed that an earlier petition filed on behalf of respondent No. 2 was dismissed with a direction to respondent No. 2 to pay cost of ₹ 10,000/ to the petitioner, which has not been paid till date. The respondent No. 2 shall file a written undertaking in the form of an affidavit to the effect that he shall appear before the Trial Court as and when the matter is fixed. The undertaking be filed within a period of one week from today - the respondent No. 2 shall pay an additional cost of ₹ 40,000/-, as well as the previous imposed cost of ₹ 10,000/-, totaling to ₹ 50,000/-, to the petitioner within a period of ten days from today - petition disposed off.
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