SANJEEV KUMAR, vs STATE NCT OF DELHI & ANR.

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 7th February, 2026 + CRL.M.C. 6302/2023 & CRL.M.A. 23602/2023 SANJEEV KUMAR, .....Petitioner Through: Mr. Vishaal Sharma, Advocate. versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Sunil Kumar Gautam, APP for the State. Mr. Manav Batra, Mr. Varun Tyagi, Ms. Bharti Bhatt, Advocates for R-2. CORAM: HON’BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Respondent No.2 i.e. Mr. Vikas Bansal filed a complaint against Mr. Sanjeev Kumar i.e. petitioner herein, for offence under Section 138 of Negotiable Instrument Act, 1881 (NI Act). 2. Such complaint was registered as Complaint Case No. 11993/2018. 3. In the complaint itself, the complainant had, categorically mentioned that there was a delay of about 44 days in filing such complaint, for which a separate application, seeking condonation, had been filed. 4. Indeed, an application seeking condonation of delay also accompanied the complaint. 5. However, when the matter was taken up by the learned Trial Court on 22.06.2019, out of sheer inadvertence, the accused was summoned, while Signature Not Verified Signed By:SONIA CRL.M.C. 6302/2023 1 THAPLIYAL Signing Date:10.02.2026 10:29:15 also holding that the complaint was within the period of limitation. There was no mention of there being any delay in filing the complaint, much less about its condonation. 6. After around four years thereafter, i.e. on 04.07.2023, the learned Trial Court was apprised that said application was pending adjudication. Learned Trial Court keeping in mind the objective behind proviso appended to Section 142(b) of NI Act and observing that the technical difficulty should not render the claim of genuine litigant futile, has condoned the delay, vide order dated 04.07.2023. 7.