CRL.M.C./8887/2024 of BEST VIEW PROPERTIES LTD & ORS. Vs STATE (GOVT. OF NCT OF DELHI) & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+CRL.M.C. 8887/2024 & CRL.M.A. 33971/2024-STAY

BEST VIEW PROPERTIES LTD & ORS......PetitionersThrough:Mr.TanmayaMehta,Mr.KaranNagrath, Mr. Ambuj Tiwari, Advs.Through:Mr.TanmayaMehta,Mr.KaranNagrath, Mr. Ambuj Tiwari, Advs.

versus

STATE (GOVT. OF NCT OF DELHI) & ANR......Respondents

Through:Mr. Sunil Kumar Gautam, APP for

the StateMr. Subash Kamboj, Adv.Mr. Subash Kamboj, Adv.

CORAM:HON'BLE MR. JUSTICE JASMEET SINGHO R R

%13.11.2024

CRL.M.A. 33972/2024-EX.

1.Allowed, subject to all just exceptions.

2.The application stands disposed of.

CRL.M.C. 8887/2024

3.This is petition filed under Section 528 of BNSS (erstwhile Section482 of CrPC) seeking setting aside of the order dated 03.05.2023 passed bythe learned PO, Special Court (NI Act), South West District, Dwarka Courtsin Ct. Cases 5005783/2016.

4.As per the impugned order, the right of the petitioners to lead defenceevidence was closed.

5.Mr. Mehta, learned counsel for the petitioners states that there hasbeen delay in leading defence evidence but the same was on account of the

fact that the petitioner No. 2, who is actively taking care of the managementof the petitioner No. 1 company, was incarcerated between 24.12.2019 and26.02.2021 in another proceedings. After release it took him some time toput the house in order, attend various judicial proceedings and tend to hisprofessional work. Hence, the delay.

6.The petitioners are contesting proceedings under Section 138,Negotiable Instruments Act, 1881 wherein the punishment is imprisonmentfor maximum period of 2 years.

7.I am of the view that the petitioners must be given every opportunityfor fair trial.

8.For the said reasons, issue notice.

9.Mr. Kamboj, learned counsel accepts notice for the respondent andstates that in case the Court directs the learned MM to conclude theproceedings in the criminal complaint, he does not oppose the allowing ofthe petition.

10.For the said reasons, the petition is allowed and the order dated03.05.2023 passed by the learned PO, Special Court (NI Act), South WestDistrict, Dwarka Courts in Ct. Cases 5005783/2016 is set aside. Thepetitioners are given 2 opportunities i.e. on 29.11.2024 and on or before13.12.2024 to conclude the his entire defence evidence. No furtheropportunity shall be granted to the petitioners.

11.Thereafter, it is requested to the learned MM to conclude finalarguments on or before 31.01.2025.

12.Each of the petitioners shall pay costs of Rs. 5,000/- each to thecounsel of respondent No. 2, and Rs. 5000/- each to DHCLSC before29.11.2024 and will file proof of the same.

13.With these directions, the petition is disposed of.

NOVEMBER 13, 2024/NG

JASMEET SINGH, J