Omkar Singh v. The State Govt of NCT of Delhi & Anr

J U D G M E N T (ORAL)

¶1Petitioner/complainant has assailed order dated 18.12.2024 of the learned trial court, whereby his complaint under Section 138 Negotiable Instruments Act was dismissed in default.

¶2I have heard learned counsel for both sides.

¶3As reflected from record, the subject complaint case was listed before the learned trial court on 09.12.2024, but despite repeated calls, none

2.5.4.20=8401dd889b27a77b2f65ffffe4afec4 5569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, serialNumber=d3e86796451ec45c07b5d155 70996b40f80cbd2eee60402c487965ff801e2 6fa, cn=GIRISH KATHPALIA Date: 2026.09.01 17:16:10 +05'30'

Page 2 of 3 pages appeared for the petitioner/complainant, so the matter was adjourned to

18.12.2024. But on that day also, none appeared for petitioner/complainant despite repeated calls till 02:00pm, so learned trial court dismissed the complaint in default. Hence, the present petition.

¶4The defaults in appearance are explained on behalf of petitioner on the ground that on 09.12.2024, Mr. Kanhiya Lal, uncle of learned counsel for petitioner/complainant passed away, so the counsel could not appear and on 18.12.2024, the counsel was held up in 13th day rituals of his uncle. Petitioner has placed on record the cremation receipt and tehrvi intimation card of Mr. Kanhiya Lal.

¶5Learned counsel for respondent opposes the petition on the ground that there are three counsel for petitioner/complainant and there is no explanation about the remaining advocates, who did not appear.

¶6It is explained by learned counsel for petitioner/complainant that the two of the counsel, namely Ms. Neha Garg and Mr. Mahinder Pratap Singh are wife and husband, while the third counsel, Mr. Ankit Aggarwal had already left their chamber.

¶7The order dated 09.12.2024 of the trial court records that the trial matter was pending before the trial court at the stage of final arguments for past 4-5 years. The learned trial court observed in order dated 09.12.2024 that earlier also, none had appeared on behalf of petitioner/complainant. In other words, it is not a matter of only two defaults in appearance on behalf

2.5.4.20=8401dd889b27a77b2f65ffffe4afec4 5569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, serialNumber=d3e86796451ec45c07b5d155 70996b40f80cbd2eee60402c487965ff801e2 6fa, cn=GIRISH KATHPALIA Date: 2026.09.01 17:16:00 +05'30'

Page 3 of 3 pages of petitioner/complainant. Moreover, as mentioned above, on 18.12.2024 and 09.12.2024 as well as earlier dates, matter was repeatedly called but none appeared on behalf of petitioner/complainant. Even the petitioner/complainant himself did not appear before the trial court on those dates. Moreover, if the death Mr. Kanhiya Lal occurred on 09.12.2024, the 13th day ritual cannot fall on 18.12.2024. Apparently, the tehrvi intimation card has been fabricated. So, I am not convinced with the explanation for failure to appear on repeated dates.

¶8Despite the aforesaid, keeping in mind that the matter before the trial court was listed for final arguments at the time of dismissal in default, subject to the petitioner/complainant depositing cost of Rs.20,000/- online with www.bharatkeveer.gov.in within one week, the subject complaint case is restored and one last opportunity is granted to petitioner/complainant to address final arguments before the trial court.

¶9Accordingly, the petition stands disposed of, directing both parties to appear before the learned trial court on 07.09.2026 and on that day, learned trial court shall fix fresh date for final arguments as per its convenience.

¶10Copy of this order be sent to the learned trial court.

GIRISH KATHPALIA (JUDGE) SEPTEMBER 1, 2026/as

2.5.4.20=8401dd889b27a77b2f65ffffe4afec455 69af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, serialNumber=d3e86796451ec45c07b5d1557 0996b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.09.01 17:15:38 +05'30'

Page 1 of 3 pages * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 01.09.2026 # CNR No. DLHC010100912025 + OMKAR SINGH .....Petitioner Through: Ms. Neha Garg, Advocate (through videoconferencing) versus THE STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with Mr. Siddharth Shankar Jha, Advocate Mr. Onkar Roy and Mr. Yash Goyal, Advocates for R2 CORAM: JUSTICE GIRISH KATHPALIA