CRL.M.C. 8450/2024 1 $~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8450/2024 &CRL.M.A. 32250/2024 HIMANGI DHIR .....Petitioner Through: Mr. Chandan Bhatia, Advocate. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondent Through: Mr. Raj Kumar, APP. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 27.07.2026 1. Petitioner was facing prosecution for committing offence under Section 138 of Negotiable Instruments Act, 1881. 2. Feeling aggrieved by order dated 17.08.2023, he filed a criminal revision petition which was registered as Cr. Rev.509/2023. 3. When the abovesaid petition was taken up by learned Revisional Court on 21.08.2024, it was dismissed for non-prosecution. 4. The challenge in the present petition is to the abovesaid order. 5. Learned counsel for petitioner submits that on all previous dates, there was regular appearance from the side of petitioner and, in such a situation, the Court should not have dismissed the revision petition for non-prosecution and in-default. 6. The various orders passed by learned Revisional Court from time to time have been placed on record and all these orders indicate that there was due appearance from the side of revisionist on all such dates. 7. When the matter was, lastly, taken up by learned Revision Court on 05.07.2024, the matter was directed to be taken up on 21.08.2024 and it was on that day that the revision petition was dismissed for non-prosecution. 8. Learned counsel for revisionist submits that non-appearance was neither This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 14:37:13 CRL.M.C. 8450/2024 2 deliberate nor intentional and it took place because of wrong noting of the next date of hearing. 9. There was no appearance from the side of respondent No.2 when the matter was called for hearing. 10. The present petition is pending for quite some time and the limited point involved is restoration of the abovesaid revision petition. 11. The Cheques involved are worth Rs. 9,59,599/-. 12. Needless to observe, that the endevour of the Court is, generally, to decide lis on merits, instead of on technicalities. 13. Keeping in mind the overall facts and in the interest of justice, the present petition is allowed and the abovesaid revision petition, which had been dismissed for non-prosecution on 21.08.2024, is directed to be resorted to its original number and position. 14. However, for causing delay in the disposal of the abovesaid revision petition and not appearing before the learned Revision Court on the given date, the revisionist is burdened with a cost of Rs. 20,000/- which shall be payable to the complainant within four weeks. 15. The parties are directed to appear before the learned Revisional Court on 17.08.2026 at 2:00 P.M. 16. A copy of this order be sent to learned Trial Court and learned Revisional Court for information and due compliance. MANOJ JAIN, J JULY 27, 2026/sw/pb This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 14:37:13