Justice Swarana Kanta Sharma restored the complaint filed by the petitioner, the Central Bank of India, after imposing a cost of Rs. 25,000 and directing to deposit it with the PM Cares Fund.
It is ordered that the complaint be restored to its original number, subject to a cost of Rs. 25,000 which will be deposited with “PM CARES Fund” for the “PM CARES for Children Scheme” within two weeks, the bench ordered on October 20.
The bench said that it is thus clear from the record that the complainant was not diligently furnishing the complaint, and was not present even on the day the complaint was dismissed for non-prosecution.
“Considering that public money is involved in the present case, however, also keeping in mind that complainant should have been more diligent in pursuing his complaint,” the bench observed in the order.
The petitioner Bank had challenged the trial court order of November 10, 2021.
The trial Court had mentioned in the order that the complainant has not been appearing before the Court on September 17, 2020, March 5 and 19, 2021, April 6, 2021, and July 30, 2021, and on some occasions adjournments were sought by the learned proxy counsel for the complainant on the ground that counsel was not available, the High Court noted.