$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010470302026 + W.P.(CRL) 3064/2026 & CRL.M.A. 30670/2026 SAVIOUR WELLNESS PRIVATE LIMITED .....Petitioner Through: Mr. Puru Mudgil and Mr. Ayush Saxena, Advs. versus ESTEVE PHARMA PRIVATE LIMITED .....Respondent Through: None CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 29.09.2026 1. The present writ petition has been filed under Article 227 of the Constitution of India seeking setting aside of the order dated 02.07.2026 [‘impugned order’], whereby the petitioner’s application seeking advancement of date of hearing has been dismissed. Also, petitioner pleads for fixing an earlier date in the proceedings. 2. Mr. Puru Mudgil, learned counsel for the petitioner states that the matter was first listed on 05.05.2026 before the ld. JMFC, when the matter stood adjourned to 30.06.2026. He states on the next date of hearing i.e., 30.06.2026 the ld. JMFC was on leave and therefore the matter was adjourned to 30.01.2027. 2.1 He states that the complaint under section 138 read with Section 141 of the Negotiable Instruments Act, 1881 [‘NI ACT’] registered as CT Case 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 07/10/2026 at 13:56:50 No. 1335/2026 was filed on 16.04.2026 and due to the intervening circumstances, even initiation of proceedings has been delayed. 2.2 He undertakes that he will remain physically present before the Court along with the complainant on the next date of hearing. 3. This Court has perused the orders dated 05.05.2026, 30.06.2026 and 02.07.2026. In the considered opinion of this Court, the relief sought by the petitioner is justified. The matter could not be heard on 05.05.2026 due to the non-appearance of the complainant and on 30.05.2026 due to the absence of the concerned judge. A complaint which has been filed in April, 2026 cannot be deferred for recording of pre-summoning evidence to January, 2027. 4. The CT Case No. 1335/2026 is directed to be listed before the concerned trial Court on 12.10.2026 for directions. On the said date, the trial Court will fix the date for the presence of the complainant and recording of his pre-summoning evidence. 5. The counsel for the complainant will remain physically present on 12.10.2026 and on subsequent date the complainant will remain present for recording his pre-summoning evidence. 6. In the impugned order ld. JMFC has observed that she has thousands of matters pending in her court, there is heavy pendency. The Principal District and Sessions Judge, South-East District, Saket Courts is directed to review the pendency before the Court of JMFC (NI Act) (01) South-East, Saket and to redistribute work if necessary. However, it cannot be that listing of the complaint for pre-summoning is dealt with in the manner reflected in this proceeding. 7. The petitioner is at liberty to move an application before 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 07/10/2026 at 13:56:50 concerned trial Court placing on record this Court’s order. 8. With the aforesaid directions, the present petition stands allowed. 9. Pending applications, if any, stands disposed of. 10. The registry is directed to send a copy of this order to the concerned trial court and the concerned Principal District and Sessions Judge through special messenger for their information and compliance. 11. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J SEPTEMBER 29, 2026/hp/IB 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 07/10/2026 at 13:56:50