Petitioner to pay cost on frivolous petition

In this Delhi HC judgment, petitioner was made to pay cost of Rs 10,000 due to frivolous petition and causing delays in judicial process.

Case of: Shri Manoj Sharma vs Shri Naresh Gupta

Excerpts of judgment below:

6. The record shows that petitioner is only interested in delaying the trial of case
and the criminal complaint is pending before the trial court since 2001 and the
respondent has been cross-examined as far as back in the year 2004. Nowhere the
petitioner has taken the plea of the alleged receipt executed on 10th February, 2001.
There is nothing on record to show that the petitioner has ever taken this defence
even in the reply sent in response to notice, under Section 138 of the Negotiable
Instruments Act. Under these circumstances decision of Mohanlal Shamji Soni case
(Supra) is not applicable to the facts of the present case.

7. Hence, I do not find any infirmity or illegality in the impugned order passed by
the Ld. Magistrate. The present petition is nothing but is a gross abuse of the process
of law and has been filed to delay the proceedings pending in the trial court and to a
certain extent, the petitioner, has succeeded in delaying the trial of this case and has
also wasted the time of various courts by filing false, bogus and frivolous
applications. Hence, there is no merits in the present petition and the same is
dismissed with costs of Rs.10,000/-.

8. The petitioner is directed to deposit the costs of Rs.10,000/- with the trial court
within one month from today, failing which the trial court shall recover the same in
accordance with the provisions of law.

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