In a significant ruling by the Delhi High Court, the impugned orders were set aside in a case where delays caused by the petitioners in filing repeated applications under Section 145(2) of the NI Act were at issue. The Court emphasized the need for expediting adjudication of complaint cases within six months and refused unwarranted adjournment requests from the petitioners. Stay tuned for more details on this landmark judgment.
Arguments
- The learned counsel for the petitioners argues that their failure to file an application under Section 145(2) of the NI Act in time was due to reasons beyond their control.
- The subsequent applications under Section 311 of the Cr.P.C. and Section 145(2) of the NI Act were based on advice from their then counsel.
- The petitioners should not be penalized for the advice they received or for the actions of their counsel.
- Initially, the petitioners did not file the application under Section 145(2) of the NI Act when the notice was framed.
- Petitioners’ conduct during the proceedings has been dilatory.
- The Trial Court declined further opportunity for the petitioners to file an application under Section 311 of the Cr.P.C.
- The Trial Court rightly dismissed the application under Section 145(2) of the NI Act due to default and delay in moving the application.
- The present proceedings were filed with a delay of more than six months after the last order by the learned PD&SJ.
- The petitioners did not take action despite being granted further time by the Trial Court.
Analysis
- The petitioners caused delays by filing repeated applications
- The Trial Court failed to grant further time for filing the application under Section 145(2) of the NI Act
- Granting one further opportunity could have been considered by the Trial Court
Decision
- Impugned Orders set aside
- Petitioners to cross-examine respondent no.2 if available on next hearing
- No adjournment for cross-examination will be granted to petitioners
- Failure to cross-examine will result in closure of opportunity
- Trial Court to refuse unwarranted adjournment requests from petitioners
- Adjudication of complaint cases to be expedited within six months
- Pending applications rendered infructuous
- Cost of Rs.1,20,000 to be paid to complainant collectively
- Petitioners to cross-examine complainant without adjournment if present in court
Case Title: M/S GANGOTRI QUALITY SEEDS P. LTD. & ORS. Vs. STATE (NCT OF DELHI) & ANR. (2024:DHC:4093)
Case Number: CRL.M.C.-1548/2022
