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

Judgment text excerpt

* 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 Page 1 of 5 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:28.02.2026 15:42:43 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 learned Senior Civil Judge which reads thus:- “02.02.09 File received by way of transfer subsequent to order of Ld. District Judge, vide notification no. 145-192/01/F.3(4) MM dated 02.01.2009. Be got checked and registered. File taken up today as Sunday was holiday. Present: None. However as the matter is received by transfer no adverse order is passed. Compliance of previous order be made on filing of PF/RC/Speed Post/Courier/dasti, returnable for 27.04.09.” 3. Notification no. 145-192/01/F.3(4) dated 02.0