Ushamart Retailers Pvt. Ltd. ... vs State Of Uttarakhand Through
2023 Latest Caselaw 894 UK

   HIGH COURT OF UTTARAKHAND
          AT NAINITAL

      C482 Application No. 586 of 2023

Ushamart Retailers Pvt. Ltd. House No. 33
Usha Kunj, Indra Nagar Colony,
District Dehradun and Another             ... Applicants

                           Vs.

State of Uttarakhand through
Secretary Home Affairs,
Govt. of U.K., Dehraduna and Another, ... Respondents

                          And

      C482 Application No. 587 of 2023

Ushamart Retailers Pvt. Ltd. House No. 33
Usha Kunj, Indra Nagar Colony,
District Dehradun and Another             ... Applicants

                           Vs.

State of Uttarakhand through
Secretary Home Affairs,
Govt. of U.K., Dehraduna and Another, ... Respondents

                          And

      C482 Application No. 588 of 2023

Ushamart Retailers Pvt. Ltd. House No. 33
Usha Kunj, Indra Nagar Colony,
District Dehradun and Another             ... Applicants

                           Vs.

State of Uttarakhand through
Secretary Home Affairs,
Govt. of U.K., Dehraduna and Another, ... Respondents

                          And
                             2




      C482 Application No. 589 of 2023

Ushamart Retailers Pvt. Ltd. House No. 33
Usha Kunj, Indra Nagar Colony,
District Dehradun and Others              ... Applicants

                           Vs.

State of Uttarakhand through
Secretary Home Affairs,
Govt. of U.K., Dehraduna and Another, ... Respondents

                           And

      C482 Application No. 590 of 2023

Ushamart Retailers Pvt. Ltd. House No. 33
Usha Kunj, Indra Nagar Colony,
District Dehradun and Others              ... Applicants

                           Vs.

State of Uttarakhand through
Secretary Home Affairs,
Govt. of U.K., Dehraduna and Another, ... Respondents

                           And

      C482 Application No. 591 of 2023

Ushamart Retailers Pvt. Ltd. House No. 33
Usha Kunj, Indra Nagar Colony,
District Dehradun and Others              ... Applicants

                           Vs.

State of Uttarakhand through
Secretary Home Affairs,
Govt. of U.K., Dehraduna and Another, ... Respondents

                           And

      C482 Application No. 592 of 2023

Ushamart Retailers Pvt. Ltd. House No. 33
                                    3




Usha Kunj, Indra Nagar Colony,
District Dehradun and Others                         ... Applicants

                                  Vs.

State of Uttarakhand through
Secretary Home Affairs,
Govt. of U.K., Dehraduna and Another, ... Respondents

                                 And

        C482 Application No. 593 of 2023

Ushamart Retailers Pvt. Ltd. House No. 33
Usha Kunj, Indra Nagar Colony,
District Dehradun and Others              ... Applicants

                                  Vs.

State of Uttarakhand through
Secretary Home Affairs,
Govt. of U.K., Dehraduna and Another, ... Respondents


Advocate:   Mr. B.S. Bhandari, Advocate, for the applicants.
            Mr. T.C. Aggarwal, Deputy Advocate General, for the State


Hon'ble Sharad Kumar Sharma, J.

These are the eight C482 Applications, which are being sought to be disposed of in the light of the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation and Another, as reported in 2022 (10) SCC 51, particularly, in the light of the guidelines framed in para 3 (e) of the said judgment, in relation to the 'A' category of offences, which relates to the state cases, as well as to the complaint cases.

2. The details of the C482 Applications are as under:-

(i) C482 Application No. 586 of 2023, Ushamart Retailers Pvt. Ltd. and Another Vs. State of Uttarakhand and Another. The challenge given by the applicants is to the summoning order dated 23.06.2022, as it has been issued by the Court of Judicial Magistrate (Senior Division), Vikas Nagar, District Dehradun, in Complaint Case No. 639 of 2022, Paramjeet Singh Vs. Ushamart Retailers Pvt. Ltd. and others, whereby the cognizance have been taken to the proceedings under Section 138 of the Negotiable Instruments Act of 1881.

(ii) C482 Application No. 587 of 2023, Ushamart Retailers Pvt. Ltd. and Another Vs. State of Uttarakhand and Another. The challenge given by the applicants is to the summoning order dated 23.06.2022, as it has been issued by the Court of Judicial Magistrate (Senior Division), Vikas Nagar, District Dehradun, in Complaint Case No. 638 of 2022, Smt. Amarjeet Kaur Vs. Ushamart Retailers Pvt. Ltd. and others, whereby the cognizance have been taken to the proceedings under Section 138 of the Negotiable Instruments Act of 1881.

(iii) C482 Application No. 588 of 2023, Ushamart Retailers Pvt. Ltd. and Another Vs. State of Uttarakhand and Another. The challenge given by the applicants is to the summoning order dated 23.06.2022, as it has been issued by the Court of Judicial Magistrate (Senior Division), Vikas Nagar, District Dehradun, in Complaint Case No. 640 of 2022,

Smt. Arvinder Kaur Vs. Ushamart Retailers Pvt. Ltd. and others, whereby the cognizance have been taken to the proceedings under Section 138 of the Negotiable Instruments Act of 1881.

(iv) C482 Application No. 589 of 2023, Ushamart Retailers Pvt. Ltd. and others Vs. State of Uttarakhand and Another. The challenge given by the applicants is to the summoning order dated 08.10.2020, as it has been issued by the Court of Additional Chief Judicial Magistrate, Vikas Nagar, District Dehradun, in Complaint Case No. 398 of 2020, Smt. Amarjit Kaur Vs. Ushamart Retailers Pvt. Ltd. and others, whereby the cognizance have been taken to the proceedings under Section 138 of the Negotiable Instruments Act of 1881.

(v) C482 Application No. 590 of 2023, Ushamart Retailers Pvt. Ltd. and others Vs. State of Uttarakhand and Another. The challenge given by the applicants is to the summoning order dated 08.10.2020, as it has been issued by the Court of Additional Chief Judicial Magistrate, Vikas Nagar, District Dehradun, in Complaint Case No. 392 of 2020, Smt. Amarjit Kaur Vs. Ushamart Retailers Pvt. Ltd. and others, whereby the cognizance have been taken to the proceedings under Section 138 of the Negotiable Instruments Act of 1881.

(vi) C482 Application No. 591 of 2023, Ushamart Retailers Pvt. Ltd. and others Vs. State of

Uttarakhand and Another. The challenge given by the applicants is to the summoning order dated 08.10.2020, as it has been issued by the Court of Additional Chief Judicial Magistrate, Vikas Nagar, District Dehradun, in Complaint Case No. 402 of 2020, Smt. Arvinder Kaur Vs. Ushamart Retailers Pvt. Ltd. and others, whereby the cognizance have been taken to the proceedings under Section 138 of the Negotiable Instruments Act of 1881.

(vii) C482 Application No. 592 of 2023, Ushamart Retailers Pvt. Ltd. and others Vs. State of Uttarakhand and Another. The challenge given by the applicants is to the summoning order dated 08.10.2020, as it has been issued by the Court of Additional Chief Judicial Magistrate, Vikas Nagar, District Dehradun, in Complaint Case No. 397 of 2020, Paramjeet Singh Vs. Ushamart Retailers Pvt. Ltd. and others, whereby the cognizance have been taken to the proceedings under Section 138 of the Negotiable Instruments Act of 1881.

(viii) C482 Application No. 593 of 2023, Ushamart Retailers Pvt. Ltd. and others Vs. State of Uttarakhand and Another. The challenge given by the applicants is to the summoning order dated 08.10.2020, as it has been issued by the Court of Additional Chief Judicial Magistrate, Vikas Nagar, District Dehradun, in Complaint Case No. 395 of 2020, Smt. Arvinder Kaur Vs. Ushamart Retailers Pvt. Ltd. and others, whereby the cognizance have been taken

to the proceedings under Section 138 of the Negotiable Instruments Act of 1881.

3. All these matters were taken up yesterday and there were number of legal issues, which were argued to be ventured to be considered for the purposes of considering the propriety of the respective summoning orders in relation to the proceedings under Section 138 of the Negotiable Instruments Act, as it engages consideration in the aforesaid C482 Applications. The matter continued to be argued and the proceeding was spilled over for today.

4. Today, when the proceedings revived, the learned counsel for the applicants in all these C482 Applications have submitted, that since all the C482 proceedings relate to the offence under Section 138 of the Negotiable Instruments Act, which has been respectively registered as a Complaint Case and since the offence under Section 138 of the Negotiable Instruments Act, carry a sentence of less than 7 years, they would be falling within the zone of consideration as per the parameters laid down in the matters of Satender Kumar Antil (supra), and hence, the learned counsel for the applicants prays for and has confined his arguments, that he may be permitted to resort to his remedy as available to the applicants in relation to 'A' category of offences, as it has been classified by the Hon'ble Apex Court and upon surrender of the applicants within a period of two weeks from today,

their bail applications would be considered as per the guidelines given in para 3 (e) of the said judgment.

5. Since the learned counsel for the applicants himself has confined his prayer to that limited extent, these C482 Applications would stand disposed of in the light of the guidelines framed by the Hon'ble Apex Court in Satender Kumar Antil (supra).

6. Let a copy of this judgment be placed in the order sheet of the connected matters.

(Sharad Kumar Sharma, J.) 01.04.2023 Mahinder/