C482/627/2023
2023 Latest Caselaw 930 UK

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                        COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                        Signatures

      06.04.2023                            C482 No. 627 of 2023

                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Prince Chauhan, learned counsel for the applicant.

Mr. T.C. Agarwal, learned D.A.G. assisted by Mr. Tumul K. Nainwal, learned Brief Holder for the State of Uttarakhand.

The learned counsel for the applicant argues that the summoning order has been issued under Section 138 of the Negotiable Instrument Act, in Criminal Complaint Case No. 4051 of 2022, "Mahendra Singh Vs. Shiv Singh & another", is bad on the ground that in accordance with Para 14, out of the total financial liability which was payable, the applicant has already remitted an amount of Rs. 25,000/- and in that eventuality, when a partial amount has already been paid, then no proceedings under Section 138 of N.I. Act, could have been drawn in the light of the provisions contained under Section 56 of the Negotiable Instrument Act. The said principle has been laid down by the Hon'ble Apex Court in a judgment reported in 2022 LiveLaw (SC) 830 in Criminal Appeal No. 1497 of 2022, Dashrathbhai Trikambhai Patel Vs. Hitesh Mahendrabhai Patel and Another.

Owing to the aforesaid principle, as to whether, the proceedings would be barred by Section 56 of the Negotiable Instruments Act, or not.

Let notices be issued to respondent no.2.

Steps will be taken by the applicant, within a period of one week from today.

Till next date of listing, summoning order dated 01.10.2022, as issued by the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, in Complaint/Criminal Case No. 4051 of 2022, "Mahendra Singh Vs. Shiv Singh & another", will not be given effect to as against the present applicant.

(Sharad Kumar Sharma, J.) 06.04.2023 PN/-