In a significant legal development, the Delhi High Court has issued a decisive ruling aimed at expediting the adjudication of complaint cases. This landmark decision comes after a series of delays in the proceedings involving the parties in question. The judgment provides clarity on the timeframes and procedures to be followed, ensuring timely resolution of disputes. Stay tuned to learn more about the impact of this ruling on the legal scenario.
Arguments
- Learned counsel for the petitioners argues that the delay in filing the application under Section 145(2) of the NI Act was due to reasons beyond their control.
- The subsequent actions taken by the petitioners were based on advice received from their former counsel, and they should not be penalized for following that advice.
- Petitioners contend they should not face prejudice for the mistakes of their counsel, especially since they made efforts to rectify the situation by filing applications under Section 311 of the Cr.P.C. and Section 145(2) of the NI Act.
- The respondent’s conduct during the proceedings has been dilatory.
- The respondent’s opportunity to file an application was declined by the Trial Court, and further delays were noted in filing necessary applications.
- Despite being granted additional time by the Trial Court, the respondent still failed to move the required application.
- The petitions have been filed after a significant delay of more than six months since the PD&SJ’s decision on 25.10.2021.
- Several applications made by the respondent were rightly dismissed by the Trial Court due to procedural reasons.
Analysis
- Petitioners filed repeated applications that delayed adjudication of complaint cases by Original Names.
- Trial Court should have granted further time to file application under Section 145(2) of the NI Act.
- One further opportunity could have been given by the Trial Court.
Decision
- Impugned Orders set aside.
- Petitioners granted liberty to cross-examine respondent no.2 if available in the next hearing.
- No adjournment shall be granted for cross-examination.
- Failure to cross-examine on said date will result in closure of the opportunity.
- Trial Court directed to refuse unwarranted adjournment requests from petitioners.
- Adjudication on complaint cases to be expedited within six months from first listing post this judgment.
- Pending applications disposed of as infructuous.
- Petitioners to pay a cost of Rs.1,20,000 collectively to the respondent no.2/complainant before the next hearing.
- If respondent no.2 is present, petitioners to cross-examine without adjournment.
Case Title: M/S GANGOTRI QUALITY SEEDS P. LTD & ORS. Vs. STATE (NCT OF DELHI) & ANR. (2024:DHC:4093)
Case Number: CRL.M.C.-1550/2022
