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DELHI HIGH COURT
MANOJ KUMAR OHRI
Rikta Bajaj – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. background of dishonored cheques and absconder declaration. (Para 1 , 5) |
| 2. contentions regarding trial delays and financial constraints. (Para 2 , 3) |
| 3. request to expedite trial proceedings. (Para 4 , 10) |
| 4. court's exploration of erroneous reliance on office orders. (Para 6 , 7) |
| 5. final directives and costs imposed. (Para 8 , 9 , 11) |
JUDGMENT
Manoj Kumar Ohri, J. (ORAL)
1. The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking setting aside of the order dated 12.04.2021 passed by the learned MM (NI Act), North-West District, Rohini Courts, Delhi in CC Nos. 19390-19400/2016.
2. Ms. Aishwarya Rao, learned counsel for the petitioner submits that the present case arises out of complaints filed under Section 138 of the Negotiable Instruments Act, 1881 on behalf of the petitioner. It is submitted that respondent No. 2 had issued 11 cheques totaling to Rs.32,00,000/-, which on presentation got dishonored. She further submits that the present matter relates to the year 2016 and the trial has not proceeded as respondent No. 2 for one reason or the other has deliberately delayed the trial. She submits that on the pretext of set
The court emphasized the need for parties to actively engage in proceedings, noting that continuous non-appearance and attempts to evade trial unjustifiably delay justice.
The proceedings under Sections 82 and 83 Cr.P.C. are solely for the purpose of securing the accused's presence in court.
A compromise reached between parties allows convictions under Section 138 of the Negotiable Instruments Act to be set aside.
The main legal point established is that minor typographical errors in legal documents, such as the date on a cheque, do not invalidate proceedings and can be corrected by the trial court for the int....
Dishonour of cheques – After settlement between parties continuation of proceedings under N.I. Act would be abuse of process of Court.
The mandatory nature of Section 148 of the Negotiable Instruments Act, 1881, and the purpose of the amendment to provide speedy disposal of cases relating to dishonour of cheques.
The court affirmed that timely prosecution and vigilance in asserting rights are crucial in cases under the Negotiable Instruments Act.
The acquittal order must be complied with unless an interim stay is issued; trial Court's refusal to release funds was improper.
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