BEFORE THE HON’BLE COURT OF SH.
ANKIT SOLANKI JMFC (NI
ACT), EAST DISTRICT, KKD COURTS, DELHI
CASE NO.: CT/857/2019
IN THE MATTER OF:
HIMANSHU AGGARWAL COMPLAINANT
VERSUS
RASHI MISRA ACCUSED
LDOH:11/06/2025
APPLICATION FOR RESTORATION OF COMPLAINT DISMISSED
FOR DEFAULT UNDER SECTION 142 OF THE NEGOTIABLE
INSTRUMENTS ACT READ WITH SECTION 482 CrPC
MOST RESPECTFULLY SHOWETH:
1. That the above-captioned matter was fixed for hearing on 11.06.2025, but
inadvertently, the counsel for the complainant mistakenly informed the
complainant about the next date of hearing as 26.06.2025.
2. That on the last two dates of hearing i.e. 02.09.2024 and 12.12.2024 the
counsel for the complainant did not apprise the complainant about the
proceeding and the complainant is a layman and he couldn’t get the
informed about the proceeding and to his surprise when he reached court
on 26th June 2025, he got to know about from the reader that the case has
already been dismissed for non-prosecution on 11.06.2025.
3. That due to the wrong date being informed, the complainant could not
appear before the Hon’ble Court on 11.06.2025, and the complaint was
dismissed in default for non-appearance/non-compliance.
4. That the absence of the complainant was neither intentional nor deliberate
but due to the inadvertent bona fide mistake and miscommunication on part
of the previous counsel, resulting in the complainant being unaware of the
correct date.
5. That the complainant is serious in prosecuting the case and is keen to
proceed with the matter on merits in the interest of justice.
6. That the Hon’ble Court has inherent powers to restore the complaint which
has been dismissed for default, especially when sufficient cause has been
shown and the absence was beyond the control of the complainant.
7. That the dismissal of the complaint without considering the genuine
reasons would result in grave injustice and the accused would unjustly
escape legal liability despite issuance of cheque and dishonour thereof.
8. That the present application is being filed without any delay and there is
no laches on the part of the complainant.
9. That this Hon’ble Court has the jurisdiction to entertain and allow the
present application.
PRAYER
In view of the aforesaid facts and circumstances, it is most respectfully prayed
that this Hon’ble Court may kindly be pleased to:
a) Restore the complaint to its original number and kindly fix a fresh date of
hearing in the interest of justice;
b) Pass such other and further orders as this Hon’ble Court may deem fit and
proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS THE COMPLAINANT AS IN DUTY
BOUND SHALL EVER PRAY.
DELHI
DATED:14/07/2025
Through
Kunal Aggarwal (Counsel)
BEFORE THE HON’BLE COURT OF SH. ANKIT SOLANKI JMFC (NI
ACT), EAST DISTRICT, KKD COURTS, DELHI
CASE NO.: CT/857/2019
IN THE MATTER OF:
HIMANSHU AGGARWAL Complainant
VERSUS
RASHI MISRA Accused
LDOH:11/06/2025
AFFIDAVIT
I, Himanshu Aggarwal, S/o Sh. G.S. Aggarwal, R/o K-68, Krishna Nagar, Delhi-
110051, presently the complainant in the above-mentioned case, do hereby
solemnly affirm and declare as under:
1. That I am the complainant in the present matter and am well acquainted
with the facts and circumstances of the case.
2. That the complaint filed by me was dismissed in default due to my non-
appearance on the date fixed.
3. That my absence was neither wilful nor intentional but due to reasons
beyond my control.
4. That I am fully committed to pursuing the present matter diligently and on
merits.
5. That I am filing an application for restoration of the complaint, which may
kindly be allowed in the interest of justice.
6. That I undertake to appear before this Hon’ble Court on all future dates and
comply with any directions passed.
7. It is in favour of law and natural principles of justice that the order passed
by the Hon'ble Court dismissing the application for default may be set aside
and the application be restored and the deponent be given a fair opportunity
to be heard.
DEPONENT
VERIFICATION
Verified at Delhi on this 14th day of July, 2025, that the contents of the above
affidavit are true and correct to my knowledge and belief. No part of it is false
and nothing material has been concealed therefrom.
DEPONENT
