C482/812/2022
2022 Latest Caselaw 1714 UK

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      08.06.2022                        C482 No.812 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This is an application filed under Section 482 of the Code of Criminal Procedure.

Heard Mr. Rajesh Pandey, the learned counsel for the applicant and Mr. S.S. Adhikari, the learned Deputy Advocate General assisted by Mr. Balvinder Singh, the learned Brief Holder for the State.

A complaint under Section 138 of the Negotiable Instruments Act, 1881 was filed by the present applicant- complainant. The learned counsel for the applicant submitted that in the said complaint, statement under Section 251 of the Code of Criminal Procedure, 1973 of the respondent no.2-accused was recorded on 14.06.2019. On the same day, the respondent no.2-accused filed an application stating therein that he could not understand the questions of the court, therefore, he requested to record his statement under Section 251 of the Code of Criminal Procedure, again. The learned Trial Court had rejected the said application of the respondent no.2. The respondent no.2 filed a revision. In the said Criminal Revision No.184 of 2019, "Parmanand vs. State of Uttarakhand and Another", the learned Sessions Judge, Udham Singh Nagar passed the order dated 28.04.2022, whereby, the earlier statements of the respondent no.2-accused recorded on 14.06.2019 under Section 251 of the Code of Criminal Procedure has been rejected and the learned Sessions Judge has directed to the Trial Court to record the statements of the respondent no.2- accusesd afresh.

The learned counsel for the applicant further submitted that in his statement under Section 251 of the Code, the respondent no.2-accused has admitted the fact that he had issued the cheque-in-question and the said cheque was dishonored due to insufficient funds.

Issue notice to the respondent no.2. Steps to be taken within three days. Post this case on 30.06.2022. In the facts and circumstances of the case, the effect and operation of the impugned judgment and order dated 28.04.2022, passed by the learned Sessions Judge, Udham Singh Nagar in Criminal Revision No.184 of 2019,"Parmanand vs. State of Uttarakhand and Another", is stayed till the next date of listing.

(Alok Kumar Verma, J.) 08.06.2022 Neha