VIJAY MANCHANDA Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The present is an application under Section 378 praying for grant of leave to appeal against the impugned order dated 08.04.2015 whereby the criminal complaint being CC No. 165/2014 filed by the leave petitioner under Section 138 of the Negotiable Instruments Act, 1881 was dismissed for non-appearance.

(2.) Since the complaint case filed on behalf of the leave petitioner has not been decided on merits, in my view, the leave to appeal as prayed for has to be granted. The leave petition is accordingly allowed. The leave petition be registered as appeal.

(3.) Mr. Deepak Kohli, learned counsel appearing on behalf of the respondent No. 2 states that he would have no objection to the subject complaint being remitted back to the concerned Magistrate for further proceedings in accordance with law, if this Court were to award costs for the inconvenience and expenses caused to the respondent No. 2.