CRL.L.P. 342/2023 Page 1 of 3 $~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 342/2023 DILEEP KUMAR KHANNA .....Petitioner Through: Mr. Abhishek Kr. Singh, Advocate. versus ASHWANI KUMAR .....Respondent Through: CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 07.08.2024 CRL.M.A. 23282/2024 and CRL.M.A. 23283/2024 By way of the present applications filed under section 5 of the Limitation Act 1963, readwith section 482 of the Code of Criminal Procedure 1973 (‘Cr.P.C.’), the petitioner/applicant seeks condonation of delay in filing and re-filing of the restoration application bearing CRL.M.A. No. 23281/2024, respectively. 2. For the reasons stated in the applications, which are duly supported by affidavits, the applications are allowed. 3. Delay in filing and re-filing of CRL.M.A. No. 23281/2024 is condoned. 4. CRL.M.A. No. 23281/2024 is taken on Board. 5. Applications stand disposed-of. 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 02/07/2025 at 07:06:52 CRL.L.P. 342/2023 Page 2 of 3 CRL.M.A. 23281/2024 (seeking restoration) 6. By way of the present application filed under section 482 of the Cr.P.C., the petitioner/applicant seeks restoration of the leave petition which was dismissed for non-prosecution vide order dated 11.03.2024. 7. Notice on the leave petition was issued on 17.07.2023, returnable for 01.12.2023. 8. It is however seen from the record that service upon the respondent was not affected. Office report indicates that process-fee filed was returned under office objections. 9. The matter was thereafter listed on 03.01.2024 and 11.03.2024. However, since no one was present on behalf of the petitioner on either date, the petition was dismissed for non-prosecution. 10. For the reasons stated in the application, which is duly supported by affidavit, the application is allowed, subject however to the petitioner paying costs of Rs.10,000/- to Friendicoes SECA, No.271 & 273, Defence Colony Flyover Market, Jungpura, New Delhi within 03 weeks. 11. Subject to the aforesaid condition, the application is allowed and stands disposed-of. 12. The petitioner is directed to place on record proof of payment of costs, within 01 week of payment. 13. CRL.L.P. No. 342/2023 in restored to its original position and number. CRL.L.P. 342/2023 14. In view of the leave petition having been restored, upon the petitioner taking fresh steps, let notice be sent to the respondent by all permissible modes, returnable for the next date. 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 02/07/2025 at 07:06:52 CRL.L.P. 342/2023 Page 3 of 3 15. Let the notice indicate that reply to the petition be filed within 06 weeks of service; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel. 16. Re-notify on 22nd November 2024. ANUP JAIRAM BHAMBHANI, J AUGUST 7, 2024 ds 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 02/07/2025 at 07:06:52