MANOJ SWAMI DECD. THR. SEEMA SWAMI vs STATE & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 23.02.2026 Judgment pronounced on: 27.02.2026 CRL.A. 1376/2010 MANOJ SWAMI DECD. THR. SEEMA SWAMI .....Appellant Through: Mr. Narender Mann, Advocate versus STATE & ANR. .....Respondents Through: Mr. Utkarsh, APP for the State. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Section 378 (4) of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by the legal heir of the complainant in Complaint Case No. 925/1/09 of 2008 on the file of the Senior Civil Judge, Patiala House Courts, Delhi assailing the order dated 13.08.2009 by which the complaint filed alleging commission of the offence punishable under Section 138 Negotiable Instruments Act, 1881, (the N.I Act) has been dismissed for default. CRL.A. 1376/2010 2. The complaint alleging the commission of the offence punishable under Section 138 of the NI Act was filed before the Additional Chief Metropolitan Magistrate, Patiala House Court, New Delhi. Thereafter, the case is seen transferred to SCJ-cum- RC, New Delhi. On going through the trial court records, I find order dated 02.02.2009 of the learn