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2020 (2) TMI 411 - DELHI HIGH COURTDishonor of Cheque - offences u/s 138 of NI Act - complaints filed by the petitioner company against respondent no.2 were dismissed due to non-appearance and non-prosecution on behalf of the petitioner company - HELD THAT:- The present petitions were filed on 23.01.2017. The same were also accompanied by applications under Section 378(3) of the CrPC read with Section 482 of the CrPC, seeking leave to file appeals. The learned counsel appearing for respondent no.2 is correct that an appeal could not be filed without seeking special leave to appeal under Section 378(4) of the CrPC. Further, the caption of the applications seeking leave to appeal are also erroneous inasmuch as, the petitioner has captioned those as applications under Section 378 (3) of the CrPC. It is well settled that the Courts would examine the substance in preference over form and therefore, this Court is unable to accept that the present petitions should be dismissed only for the reasons that they are defective in their form. The petitioner ought to have styled the present petitions as application for leave to appeal. However, this Court does not consider it apposite to dismiss the present petitions on this ground. This Court is also of the view that the petitioner has adequately explained the delay in filing the present petition - This Court is of the view that the said explanation provided by the learned counsel for the petitioner ought not to be rejected. This is considering that the petitioner has been diligently pursuing its complaint and had promptly filed the process fee for issuance of NBWs as well. The present appeals are allowed and the complaints are restored on the board of the concerned MM at the same position as obtaining on 21.02.2015.
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