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.

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 settling the matter, respondent No. 2 has continuously remained absent from the Trial Court and resultantly proceedings under Section 82 Cr.P.C. were initiated against him and he was declared an `absconder' on 06.10.2018. It is submitted that thereafter respondent No. 2 preferred an application under Section 70(2) Cr.P.C. seeking cancellation/stay of the order dated 06.10.2018, whereby he was declared an `absconder', which also came to be dismissed by the Trial Court on 10.02.2021. She submits that subsequently, respondent No. 2 approached this Court by way of CRL M.C. Nos. 459/2021 & 517-526/2021 seeking setting aside of the orders dated 06.10.2018 and 10.02.2021, which also came to be dismissed by a Coordinate Bench of this Court vide detailed order dated 22.03.2021. She submits that later, the Trial Court while erroneously relying upon Office Order No. 256/RG/DHC/2021 dated 08.04.2021 issued by this Court, stayed its own order dated 06.10.2018 by completely ignoring the order 22.03.2021 passed by this Court. It is also submitted that the parties have also entered into a Settlement Agreement dated 09.05.2019 before the Delhi High Court Mediation and Conciliation Centre, whereby respondent No. 2 had agreed to pay the outstanding amount of Rs.32,00,000/- however, only part payment of Rs.8,00,000/- has been made to the petitioner. It is thus submitted that respondent No. 2 had failed to honor its commitment. Lastly, while commenting on the conduct of respondent No. 2, it is submitted that respondent No. 2 is guilty of evading the process of law and delaying the trial.

3. Learned counsel for respondent No. 2 has supported the impugned order and submits that respondent No. 2 could not honor the settlement on account of financial constraints. He further submits that after passing of the impugned order dated 12.04.2021, whereby the order dated 06.10.2018 declaring respondent No. 2 as an `absconder' was stayed, respondent No. 2 has appeared before the Trial Court. He, on instructions, submits that respondent No. 2 undertakes to appear before the Trial Court as and when the matter is fixed. He also submits that in this regard, respondent No. 2 shall also file a written undertaking in the form of an affidavit before the Trial Court within a period of two weeks from today.

4. I have heard learned counsels for the parties and have also gone through the case records.

5. As noted hereinabove, the present case emanates from complaints filed under Section 138 of the Negotiable Instruments Act, 1881 on behalf of the petitioner. The respondent No. 2 had issued 11 cheques totaling to Rs.32,00,000/-, which on presentation got dishonored and the petitioner approached the concerned Court by way of CC Nos. 19390-19400/2016. On 18.03.2017, an application seeking exempt