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Omkar Singh vs. The State Govt of NCT of Delhi & Anr.

Criminal Leave Petition · CNR No. DLHC010100912025Decided 1 Sept 2026New Delhi Bench
CRL.L.P. 142/2025CNR: DLHC010100912025
Justice Girish Kathpalia

Background

The petitioner had filed a cheque-bounce complaint under Section 138 of the Negotiable Instruments Act, which had been pending for 4-5 years and had reached the final-arguments stage. His complaint was dismissed for default when none of his three lawyers (nor he himself) showed up on two consecutive hearing dates. His lawyer explained the absences were due to her uncle's death and the mourning rituals that followed, and she challenged the dismissal before the High Court.

Decision Breakdown

The Court was skeptical of the explanation: it noted the dates given for the death and the "13th day" mourning ritual did not add up, suggesting the supporting document may have been fabricated, and that no reasonable excuse was given for why none of the three lawyers, or the petitioner himself, appeared. Still, because the case had been pending for years and was already at the final-arguments stage when dismissed, the Court gave the petitioner one last chance: it restored the complaint on the condition that he pay Rs. 20,000 in costs to a government portal within a week, directing both sides to appear before the trial court on a fixed date to resume final arguments.

Lesson Learnt

Courts can restore a long-pending case dismissed for a party's non-appearance, but usually only as a strictly conditional "last opportunity" (often with a costs penalty), and an unconvincing or seemingly fabricated excuse for missing court dates weakens, rather than helps, such a request.

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