SPLA/57/2022
2022 Latest Caselaw 1724 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                      COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      09.06.2022                        SPLA No. 57 of 2022
                                        with
                                        CRLA No. 185 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This proposed appeal has been filed along with an application for leave to appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment dated 30.04.2022, passed by Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Roorkee, District Haridwar in Complaint Case No.1076 of 2021, "Mohan Singh Rawat vs. Brijesh Kumar", whereby, the said complaint, filed under Section 138 of the Negotiable Instruments Act, 1881, has been dismissed.

Heard Mr. Sanjay Kumar, learned counsel holding brief of Mr. Tapan Singh, learned counsel for the applicant and Mr. S.S. Adhikari, learned Deputy Advocate General for the State.

The learned counsel for the applicant submitted that the respondent no.2 - accused had admitted in his statement under Section 251 and Section 313 of the Code of Criminal Procedure, 1973, that the cheque-in-dispute was given to the complainant as security. The learned counsel for the appellant further submitted that the demand notice was sent to the correct address of the accused.

Issue notice to the respondent no.2 on the application for leave to appeal.

Steps to be taken within a week. List this case on 25.07.2022.

(Alok Kumar Verma, J.) 09.06.2022 Pant/