PRANAV SHARMA vs BHAVYA SHARMA AND ORS

Judgment text excerpt

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 541/2025 PRANAV SHARMA S/o Vinod Sharma R/o Villa No. V8, 9/2 Land II, Jaypee Greens Greater Noida, Gautam Buddh Nagar Uttar Pradesh .....Appellant Through: Mr. Rajesh Baweja, Ms. Poonam & Ms.Anjali Gupta, Advocates Versus 1. BHAVYA SHARMA S/o Rajan Sharma, R/O Villa No. V8.9/2, Land II, Jaypee Greens, Greater Noida, Gautam Buddh Nagar, Uttar Pradesh-201306 2. SH. RAVI RANJAN Advocate C/O 123/11, Supreme Enclave, Mayurvihar, Phase-1, New Delhi-110091 3. SH. KUNDAN KUMAR S/O Sh. Vinod Singh, C/O 123/11, Supreme Enclave, Mayur Vihar, New Delhi .....Respondents Through: None. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA ORDER Signature Not Verified Signed By:ANIL CRL.A. 541/2025 Page 1 of 7 KUMAR BHATT Signing Date:03.05.2025 19:26:51 25.04.2025 1. Criminal Appeal under Section 380 read with Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 and Section 341 Cr.P.C. has been filed against the Order dated 31.03.2024 and Order dated 20.02.2025 of the learned Additional District Judge dismissing the Application under Section 340 Cr.P.C. filed by the Petitioner. 2. The facts in brief, are that the Petitioner (Plaintiff) had filed a Civil Suit for recovery of Rs.10 Lakhs against the Respondent No. 1 (Defendant) under Order XXXVII CPC. The Respondent was duly served with Summons for Appearance and he filed Memo of Appearance on 12.05.2023. Thereafter, the Summons for Judgment were served upon the Respondent which were received by his wife on 05.07.2023. The Respondent No. 1 filed Leave to Defend Application under Order XXXVII Rule 3(7) Code of Civil Procedure (‘CPC’) along with an Application for Condonation Of Delay, duly supported with Affidavit on 01.08.2023. The reason for delay essentially was given that his wife