HEMANT MAHESHWARI vs M/S ASPRA AUTOMOTIVE PVT LTD & ORS.

Judgment text excerpt

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th 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 complainant and no steps had been taken to lead pre-summoning evidence. Observing that the Signature Not Verified Signed By:SONIA THAPLIYAL CRL.M.C. 1319/2026 1 Signing Date:19.02.2026 10:46:54 complainant had lost interest in pursuing the abovesaid complaint, the same was, thus, dismissed for non-prosecution. 4. The abovesaid order was challenged by petitioner by filing a Revision Petition and learned Principal District and Sessions Judge, New Delhi District has dismissed such Revision Petition on 07.11.2025. Admittedly, there was delay in lodging the Revision Petition as well and since