$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17^th February, 2026 + CRL.M.C. 1319/2026 & CRL.M.A. 5311/2026 HEMANT MAHESHWARI .....Petitioner Through: Mr. Shashi Shankar with Ms. Pooja Mohanani, Advocates.

versus M/S ASPRA AUTOMOTIVE PVT LTD & ORS. .....Respondents Through: None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

1. Petitioner had filed a complaint under Section 138 read with Section 142 of Negotiable Instrument Act, 1881 (NI Act) against the respondents herein.

2. According to the complainant, he had extended financial help and in lieu thereof, the cheque in question was issued which, when presented, returned unpaid for the reason “account closed”.

3. Fact, however, remains that the complaint bearing No.4202/2021 which had been filed on 31.08.2021 was not pursued diligently and, therefore, the learned Trial Court dismissed such complaint for non-prosecution on 23.04.2025. It also recorded that, even earlier, the complaint had been dismissed on account of continuous absence of the complainant and that such earlier dismissal order was set aside by the learned Revisional Court but thereafter also, there was no appearance from the side of the