IN THE COURT OF SH. NARESH KUMAR, M.M.

, KARKARDOOMA,
DELHI.

IN THE MATTER OF :

HDFC LTD. …… COMPLAINANT

VERSUS

SHAMKEN MULTIFAB LTD … …ACCUSED

D.O.H.- 21.02.07

APPLICATION ON BEHALF OF ACCUSED ASHWANI DEEWAN, FOR

CANCELLATION OF PROCEEDINGS UNDER SECTION 82 Cr.P.C.
AGAINST THE ACCUSED PERSON, ISSUED VIDE ORDER DT. 24.11.06,
BY THIS HON’BLE COURT.

MOST RESPECTFULLY SHOWETH :

1. That the abovementioned case is pending trial before this

Hon’ble Court and is fixed for today.

2. That the applicant/accused, Ashwani Deewan, has filed a

Criminal Misc. Case Petition No. 1236/2005, before the
Hon’ble High Court of Delhi, which is pending disposal for
Dt. 05.03.07, and vide its Order Dt. 21.04.05, the Hon’ble
High Court of Delhi, was pleased to grant the exemption from
his personal appearance, before this Hon’ble Court, and the
same was further extended vide its Order Dt. 18.09.05. Copy
of the same are being annexed herewith as Annexure – “A” &
“B”.

3. That the said fact was also brought before the Hon’ble Court
and a proper application was also moved on behalf of the
accused/applicant, through his counsel and same is on record
before this Hon’ble Court, but, may be inadvertently, the
Hon’ble Court was pleased to issue process along with other
accused in the matter, which could not be come under the
knowledge of the applicant/accused at that moment.
4. That as mentioned above, in view of the order Dt. 12.04.05, of
Hon’ble Delhi High Court, there on last date of hearing before
this Hon’ble Court, there the petitioner was not required to be
present in person, and he was duly represented by his Counsel.

5. That, further, as mentioned above, the order Dt. 24.11.05,

passed by this Hon’ble Court, issuing proceedings Under
Section 82 Cr.P.C. against the applicant/accused, is highly
illegal and against the directions of the Hon’ble High Court of
Delhi.

6. That, further, the said order passed by this Hon’ble Court of

issuing Under Section 82 Cr.P.C. against the
applicant/accused, straight forward, despite his appearance
through his counsel, is contrary to the law held by the Hon’ble
High Court in its judgement titled as court on its own motion
reported in 2004 JCC 308. The relevant para for the same is
being reproduced here as “REJECTION OF AN
APPLICATION FOR EXEMPTION FROM PERSONAL
APPEARANCE ON ANY DATE OF HEARING OR EVEN AT
FIRST INSTANCE DOES NOT AMOUNT TO NON
APPEARANCE DESPITE SERVICE OF SUMMONS OR
ABSCONDING OR FAILURE TO OBEY SUMMONS AND
THE COURT IN SUCH A CASE SHALL NOT ISSUE
WARRANT OF ARREST AND MAY EITHER GIVE
DIRECTION TO THE ACCUSED TO APPEAR OR ISSUE
PROCESS OF SUMMONS”

7. That the reason for default in the appearance of

applicant/accused before this Hon’ble Court is neither
deliberate nor willful but only because of the above mentioned
reason. Thus, it would be appropriate in the interest of justice
to cancel the proceedings under section 82, Cr.P.C. issued
against the applicant/accused vide order dated 24.11.06.
 8. That non-appearance of the accused / applicant was neither
intentional nor deliberate but due to the above said reason.

9. That in view of the above, it would be appropriate to

cancel/stay the execution proceedings of the issuance of
Proceedings U/s 82 Cr.P.C, issued against the
accused/applicant, Ashwani Deewan.

10. That, in case, if the said proceedings are not being cancelled,
then, the same would be in violation of the Order/directions
issued by the Hon’ble High Court of Delhi and also, would
lead great hardship and a huge irreparable loss would be
caused to them.

11. That it would be in the interest of justice that the said

proceedings are being cancelled and the present matter is
being withdrawn by the complainant.

PRAYER

It is therefore, most respectfully prayed before this Hon’ble Court that

in view of the abovementioned facts and circumstances of the present
application/matter, this Hon’ble Court may be pleased to

a. cancel the execution of the Proceedings Under Section 82 Cr.P.C,

issued against the accused/applicant &

b. Pass any other appropriate further order which this Hon’ble Court
may deem fit and proper in view of abovementioned facts and
circumstances of the present application/matter, so as to be in the
 interest of Justice as well as in the interest of the applicants /
accused.

Prayed accordingly,

Date Applicant /Accused

Through

Place Counsel

Delhi