JAI MAHADEV AUTO DEALS THRU PROP. PRADEEP KUMAR GARG vs THE STATE NCT & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09.05.2025 CRL.L.P. 127/2023 JAI MAHADEV AUTO DEALS THRU PROP. PRADEEP KUMAR GARG .....Petitioner Through: Mr. Krishan Kumar, Mr. Shivam Bedi, Advs. Versus THE STATE NCT & ANR. .....Respondents Through: Mr. Satish Kumar, APP for State. Mr. Ashutosh Kaushik, SC for R-2. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) 1. The present criminal leave petition has been filed by the Petitioner under Section 378(4) read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟), assailing the Order dated 31.10.2022, whereby the Complaint filed by the Petitioner under Section 138 of the Negotiable Instruments Act (“N.I. Act”), 1881, was dismissed for non-prosecution by the learned Metropolitan Magistrate (NI-Act) (“MM”), East District, Karkardooma Court, New Delhi. 2. The facts giving rise to the present petition, briefly stated, are that the Petitioner had rented out two Transport Service Rickshaws to 3. During the course of the trial, Respondent No. 2 appeared pursuant to the service of summons and sought time for cross- examining the Petitioner. On the next date of hearing, however, as the Legal Aid Co