CRL.M.C. 10070/2024 1 $~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010958302024 + CRL.M.C. 10070/2024 & CRL.M.A. 2530/2026 TAMILARASAN RAJENDRAN .....Petitioner Through: Mr. Aman Chawla, Advocate. versus STATE OF GOVT OF NCT OF DELHI AND ANR .....Respondent Through: Mr. Satinder Singh Bawa, APP. Mr. Varchaswa Singh, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 18.09.2026 1. Petitioner herein had filed a complaint under Section 200 Cr.P.C. against three respondents. It was for commission of offences under Sections 378/424/420/499 IPC and Sections 43, 65 and 66 of the Information Technology (IT) Act, 2000. 2. Along with the abovesaid complaint, an application under Section 156(3) Cr.P.C. was also filed and on 07.03.2023, counsel for complainant appeared and the police was directed to file a status report. 3. There was appearance from the side of complainant on 27.05.2023 also but when the Action Taken Report (ATR) was submitted on 07.11.2023, none appeared on behalf of the complainant. The ATR, however, indicated that the alleged offences did not fall within the jurisdiction of Cyber, East, Delhi, and that the matter had already been transferred to Cyber Cell, Karnataka. 4. The matter was fixed for appearance of complainant and to hear on the aspect of the territorial jurisdiction. On 05.03.2024, however, nothing could be done as the concerned Presiding Officer was on leave and, eventually, 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 23/09/2026 at 10:35:50 CRL.M.C. 10070/2024 2 when the matter was taken up on 23.04.2024 by the learned Trial Court, noticing the fact that the complainant was absent, the complaint was dismissed-in-default and for non-prosecution, observing that complainant was no longer interested in pursuing the petition. 5. It is in the abovesaid factual matrix that the present petition has been filed seeking restoration of the abovesaid complaint which was dismissed at a very initial stage. 6. Learned counsel for respondent No. 2 has joined the proceedings through video-conferencing and learned APP for State is also present. 7. Learned counsel for the petitioner submits that there was never any deliberate or intentional non-appearance from the side of the petitioner and since some settlement talks had initiated between the parties and there was assurance that the matter would be settled amicably, the petitioner did not appear before the learned Trial Court. 8. Such contention has, however, been refuted by learned counsel for respondent No.2 who submits that there was never any such settlement talks between them. 9. Be that as it may, the endeavor of the Court should always be to decide lis on merits, instead of on technicalities and, therefore, without making observation on the merits of the case as such, the present petition is allowed and the complaint in question is restored to its original number and original position. 10. The complainant is directed to appear before the concerned Court/Successor Court on 30.09.2026 at 2:00 P.M. 11. Simultaneously, petitioner is also burdened with cost of Rs. 20,000/-, which be deposited with the District Legal Services Authority of the 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 23/09/2026 at 10:35:50 CRL.M.C. 10070/2024 3 concerned District within two weeks from today. 12. Petition stands disposed of in aforesaid terms. 13. Pending application also stands disposed of. 14. It is, however, clarified that this Court has not made any observation with respect to the merits of the case and all the rights and contentions of both the sides have been left open. MANOJ JAIN, J SEPTEMBER 18, 2026/sw/sa 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 23/09/2026 at 10:35:50