H.C.GUPTA vs M/S J.K.IRON & STEEL MFG. CO.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 15.12.2025 Pronounced on : 16.12.2025 Uploaded on : 16.12.2025 + CRL.A. 926/2002 H.C.GUPTA .....Appellant Through: Mr. Hemant Singh and Ms. Urvashi Jain, Advocates versus M/S J.K.IRON & STEEL MFG. CO. .....Respondents Through: Mr. Himanshu Anand Gupta, Advocate (Amicus Curiae) CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been filed challenging the judgment of conviction dated 17.10.2002 and the order on sentence dated 29.10.2002, passed by the Trial Court in Complaint Case No. 763/02 (also reflected as CC No. 74/2001), whereby the appellant was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo rigorous imprisonment for six months, along with a fine of Rs.1,60,000/-, and in default thereof, further rigorous imprisonment for a period of three months. 2. Vide order dated 25.11.2002, this Court suspended the sentence of the appellant during pendency of the appeal. 3. The present appeal has remained pending for over two decades, during which period the appellant has remained continuously untraceable despite Signature Not Verified Digitally Signed By:PREM CRL.A. 926/2002 Page 1 of 8 MOHAN CHOUDHARY Signing Date:16.12.2025 23:02:36 issuance of Court notices, bailable warrants as well as non-bailable warrants. Notices issued to the surety and to the respondent-complainant have also remained unserved. 4. In view of the prolonged non-appearance of the appellant, and to ensure adherence to principles of natural justice, this Court directed the Delhi High Court Legal Services Committee (DHCLSC) to appoint counsel to represent the appellant. Subsequently, considering that the respondent firm had also remained unrepresented