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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Ganga Ram Sharma - Appellant
Versus
Mukesh Kumar - Respondent
Crl.M.C. 6611 of 2022, Crl.M.A. 25730 of 2022
Decided On : 08-12-2022
| Table of Content |
|---|
| 1. challenging trial court's order. (Para 1) |
| 2. settlement between parties submitted. (Para 2 , 3) |
| 3. liberty granted for application filing. (Para 4 , 5 , 6) |
| 4. petition disposed of with observations. (Para 7) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed under Section 482 Cr.PC challenging the order dated 10th June, 20222 and 18th August, 2022 whereby learned Trial Court has issued NBW and the process of under Section 82 Cr. PC for non appearance of the petitioner.
2. Learned counsel for the petitioner submits that the matter has already been settled between the parties at Delhi Mediation Centre, Kakardooma Court vide settlement dated 25th November, 2019. It has been submitted that the petitioner undertakes to make the payment as per the settlement agreement.
3. Learned counsel for the petitioner submits that he may be given liberty to file an appropriate application before the learned Trial Court for recalling the NBW and process under Section 82 Cr. PC. However, it has further been stated that he may be given some protection till then.
4. Liberty granted.
5. Let petitioner may move the appropriate application before the learned Trial Court for cancellation of NBW and process under Section 82 Cr. PC. Learned Trial Court shall consider the application of the petitioner in accordance with the law, taking into account of facts that parties have already entered into a settlement and the petitioner is ready to make the payment.
6. NBW and process under Section 82 Cr.PC shall be kept in abeyance till the learned Trial Court passes the appropriate orders on the application for cancellation of NBW and recalling of process under Section 82 Cr. PC.
7. With these observations, the petition stands disposed of.
The court recognized the importance of settlement agreements and allowed the petitioner to seek a recall of the non-bailable warrant while keeping it in abeyance pending the trial court’s decision.
The proceedings under Sections 82 and 83 Cr.P.C. are solely for the purpose of securing the accused's presence in court.
Procedural requirements for issuing proclamation under Sections 82/83 Cr.P.C. and the need for expeditious trial under the N.I. Act.
Dishonour of cheque – Any complaint under Section 138 of N.I. Act should have been filed strictly in accordance with mechanism so given under Section 138 of N.I. Act.
The exercise of powers under Section 482 of the Code of Criminal Procedure requires a substantial basis; lack of diligence by the petitioner warranted the dismissal of the petition.
Dishonour of cheques – After settlement between parties continuation of proceedings under N.I. Act would be abuse of process of Court.
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 deliberate misuse of bail and failure to challenge previous orders can justify the issuance of process under Section 82 of Cr.P.C., while the lack of reason and material can lead to the setting a....
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