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DELHI HIGH COURT
DINESH KUMAR SHARMA
Anup Kapoor – Appellant
Versus
Pradeep Roy – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal of complaints. (Para 1) |
| 2. petitioner's medical emergency justification. (Para 2) |
| 3. respondent's willingness for restoration. (Para 3) |
| 4. restoration of complaint cases. (Para 4) |
| 5. petitioner ordered to pay costs. (Para 5) |
| 6. direction for further proceedings. (Para 6) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. Present petitions have been filed challenging the orders dated 16.02.2021 and 18.03.2021 whereby the complaints under Section 138 of the Negotiable Instrument Act, 1881 bearing complaint case Nos.6260/2018 and 6257/2018 both titled as Anup Kapoor vs. Pradeep Roy were dismissed in default for non-compliance and non- prosecution.
2. Learned counsel for the petitioner submits that the complainant could not appear on 16.02.2021 and 18.03.2021 on account of medical emergency. Learned counsel submits that medical records have also been placed on record.
3. Learned counsel for respondent no.2 has very graciously submitted that petitions may be allowed and complaints may be restored to its original number and position for final adjudication of the dispute on merits. However, learned counsel has submitted that some cost may be imposed upon
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