Mr. Shreesh Chadha, Mr. Shaurya Agarwal and Mr. Fiz Khan, Advocates v. BAJWA DEVELOPERS LTD. ORS

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7426/2025, CRL.M.A. 31114/2025 I.A. HOUSING SOLUTIONS PVT. LTD. .....Petitioner Through: Mr. Shreesh Chadha, Mr. Shaurya Agarwal and Mr. Fiz Khan, Advocates. versus BAJWA DEVELOPERS LTD. & ORS. .....Respondents Through: None. CORAM: HON’BLE MR. JUSTICE SANJEEV NARULA O R D E R % 16.10.2025 1. The present petition has been filed seeking the following reliefs: “a. Issue directions to the Metropolitan Magistrate First Class (NI Act)- 01 , Patiala House Couii, New Delhi for expeditious disposal of (i) Ct. Cases 5510/2020 (ii) Ct. Cases 5647/2020 (iii) Ct. Cases 7189/2020 (iv) Ct. Cases 9693/2020 (v) CC NI ACT/1078/2020 (vi) CC NI ACT/1581/2021 (vii) CC NI ACT 905/2021 (viii) CC NI ACT/3783/2021 (ix) CT CASES 5652 of 2020 within 3 months.” 2. It is pertinent to note that the Petitioner had earlier filed an identical petition, being CRL.M.C. 1919/2025, seeking the same relief. That petition was disposed of by this Court on 8th May, 2025, with the following observations and directions: “CRL.M.A. 8628/2025 (exemption) Allowed, subject to all just exceptions. This application stands disposed of. CRL.M.C. 1919/2025 1. The limited prayer in the petition is for issuance of directions to the learned JMFC NI Act-01, New Delhi for expeditious disposal of (i) Ct. Case This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/10/2025 at 11:32:44 5510/2020 (ii) Ct. Case 5652/2020 (iii) Ct. Case 5647/2020 (iv) Ct. Case 7189/2020 (v) Ct. Case 9693/2020 (vi) Cc/Ni Act/1078/2020 (vii) CC NI Act/1581/2021 (viii) CC/NI Act 905/2021 (ix) CC / NI Act 3783/2021, titled as “I.A. Housing Solutions Pvt. Ltd. Vs. Bajwa Developers Ltd. & Ors.” within a period of six months. 2. Learned counsel for petitioner submits that Hon’ble Supreme Court in an identical matter has directed the learned SDJM Kharar to conclude the proceedings in COMI 41/2024 within a period of six months in SLP (Crl) No. 13793/2024, titled, “Jarnail Singh Bajwa vs. State of Punjab & Ors.”, vide judgment dated 24.02.2025. It is submitted that the complaint in COMI 41/2024 pending before the learned SDJM, Kharar arise out of the same set of facts and offences by the respondents. He is seeking similar directions for expeditious disposal of the nine complaint cases pending before the trial Court on the ground of comity of courts. 3. Learned counsel for respondents submits that time bound directions may not be issued to the trial Court for expeditious disposal of complaint cases. He relies on the judgment of the Supreme Court in the case of High Court Bar Association Allahabad vs. The State of Uttar Pradesh [Crl.A. No. 3589/2023]. 4. Without knowing the status of the Board of the trial Court, it may not be appropriate to issue any time bound directions. However, considering that the right to speedy trial is fundamental right of the petitioner, learned trial Court is directed to make best possible endeavour to ensure that all the nine pending complaint cases, as mentioned above, be disposed of as expeditiously as possible. 5. The learned trial Court shall not grant unnecessary adjournment. 6. Both sides are directed to cooperate with the learned trial Court in expediting the disposal of cases. 7. The petition is disposed of accordingly.” 3. The aforenoted order of this Court was brought to the notice of the Trial Court and accordingly as per order dated 13th June, 2025, the matter has progressed to the stage of complainant’s evidence: “Matter is at the stage of CE. A report is received from the SHO concerned stating that an FIR No. 219/2025 PS RK Puram has been lodged against accused No.3 and 4. Perusal of the record shows that the counsel for the accused was allowed to cross examine the complainant vod 26.08.2023. Both the parties are directed to appear in person on the next date of hearing for the purpose of CE. It is clarified to both the parties that right to lead CE / cross will be closed on the next date of hearing. Both the parties submit that the matter is pending for orders U/s This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/10/2025 at 11:32:44 143-A NI Act. As the Predecessor has been transferred, therefore, arguments will be heard afresh. Both the parties are also directed to advance the oral arguments on the next date of hearing U/s 143-A NI Act. It is clarified that in case the party does not advance the oral argument, then it will be deemed that he has no objection. Issue P/Ws against the accused No. 2 JS Bajwa through regular mode as well as through speed post, returnable on next date of hearing. Ld. counsel for the accused No.1 and 2 is directed to cross examine the complainant on the next date of hearing else right to cross examine will be closed. Put up for CE on 16.09.2025 at 11:30 am.” 4. Despite the subsistence of the earlier directions and the trial now progressing in accordance therewith, the Petitioner has once again approached this Court within a few months seeking identical relief. There is no change in circumstance or justification for invoking this Court’s jurisdiction afresh. Such repetitive petitions serve no legitimate purpose and only encumber judicial time. Once directions for expeditious disposal have been issued, it is for the Trial Court to act upon them, and equally for the Petitioner to await their outcome. Entertaining successive petitions on the same cause would undermine judicial finality and amount to an abuse of process. No case is, therefore, made out for any special indulgence or preferential treatment to the Petitioner over other litigants whose matters await adjudication before the same court. 5. Accordingly, the petition is dismissed along with pending application. SANJEEV NARULA, J OCTOBER 16, 2025 nk