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TMI Blog2020 (2) TMI 411X X X X Extracts X X X X X X X X Extracts X X X X ..... 15 passed by the Learned MM (N.I. Act), South-East, Saket Courts, Delhi whereby the complaints filed by the petitioner company under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against respondent no.2 were dismissed due to non-appearance and non-prosecution on behalf of the petitioner company. 2. The petitioner alleges that in the year 2010, it had advanced a loan of Rs.55,000,000/- to respondent no.2, which was payable in 365 days or on demand along with interest at the rate of 15% per annum. Respondent no.2 had mortgaged her property bearing Flat No. 54, Block C, Kailash Apartment, Lala Lajpat Rai Road, New Delhi -110048 by depositing the title deed of the said property with the petitioner company. Respondent no.2, in di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .02.2015, respondent no.2 was admitted to bail on furnishing a sum of Rs.20,000/-with one surety in the like amount. However, none appeared on behalf of the petitioner company and hence, the learned MM dismissed the complaints for non-prosecution and non-appearance. 7. The petitioner company states that the non-appearance on behalf of the complainant was due to an inadvertent error on part of its counsel in incorrectly noting the next date of hearing as '05.03.2015' instead of '05.02.2015' and hence, the complaints ought not to be dismissed. 8. The petitioner company filed a criminal revision petition bearing No. 21/2015 before the Sessions Judge, Saket Court, New Delhi challenging the common order dated 21.05.2015 (the order impugned her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uittal. Consequently, an appeal under Section 378 of the CrPC was not maintainable against such an order. 12. At the outset, it is necessary to observe that the record clearly indicates that the petitioner has been pursuing the complaints diligently. The explanation provided by the petitioner for not being represented before the Trial Court on 05.02.2015 and 21.02.2015 is persuasive. The counsel for the petitioner had incorrectly noted the next date of hearing as 05.03.2015 instead of 05.02.2015 and therefore, the petitioner remained unrepresented before the Trial Court on two occasions, that is, on 05.02.2015 and 21.02.2015. 13. The petitioner had filed the revision petition against an order dated 21.02.2015 and the said revision petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the same being pointed out by the learned ASJ, the petitioner had examined the same and thereafter, had voluntarily withdrawn the revision petitions with liberty to approach the appropriate court. In the given circumstances, this Court considers it apposite to condone the delay in filing the present petitions. 16. The contention that the present petition is not maintainable as the impugned order dated 21.02.2019 is not an order of acquittal, is also unpersuasive. In Yudhvir Singh v. Nagmani Financial Services (P) Ltd.: 2003 (108) DLT 142, the Coordinate Bench of this Court had considered the case where the complaint was dismissed as a consequence of the failure on the part of complainant to appear. The Court had observed that "the dismis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst an impugned order dated 21.02.2015. The Registry is directed to renumber the present petitions as appeals. CRL. A. ____/2020 (to be numbered) CRL. A. ____/2020 (to be numbered) CRL. A. ____/2020 (to be numbered) 21. The learned MM had passed the impugned order dated 21.02.2015 on an assumption that the petitioner was not interested in pursuing the complaints. It is not disputed that the petitioner had been diligently pursuing the complaints since their institution. However, the complainant remained unrepresented on two occasions - 05.02.2015 and 21.02.2015. This has been adequately explained by the petitioner: the petitioner's counsel has incorrectly noted down the next date of hearing as 05.03.2015 instead of 05.02.2015. 22. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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