Uttarakhand High Court
C482/1536/2023 on 2 August, 2023
Office Notes,
reports, orders
SL. or proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
C482 No.1536 of 2023, C482 No.1542 of 2023
and C482 No.1544 of 2023
Hon'ble Sharad Kumar Sharma, J.
Mr. B.S. Bhandari, learned counsel for the
applicant.
Mr. V.K. Gemini, learned Deputy Advocate
General for the State.
Mr. Ajay Joshi, learned counsel for
respondent no.2.
Each of these C482 Applications arises out
of different criminal cases as under:-
1) C482 No.1536 of 2023, it arises out of
an order dated 10.11.2022 as it was passed by
the Court of learned Judicial Magistrate-I,
Landsdown, Pauri Garhwal in Criminal Case
No.215 of 2018, "Amit Kumar Vs. Shanti Dham
Divya Yog Maya Mandir Trust & Another", being
the proceedings under Section 138 of the
Negotiable Instrument Act, by virtue of which,
the said amendment has been allowed and, as a
consequence thereto, the present applicant has
been permitted to be impleaded, as a party to
the proceedings, under Section 138 of the N.I.
Act.
The said order, as passed on 10.11.2022
has attained finality after dismissal of the
Criminal Revision No.6 of 2023, "Divya Yog
Maya Saraswati Vs. State of Uttarakhand &
Another" by judgment dated 01.06.2023.
2) In C482 No.1542 of 2023, the
challenge given by the applicant is to the order
dated 10.11.2022, as it was passed by the
Court of learned Judicial Magistrate-I,
Landsdown, Pauri Garhwal in Criminal Case
No.214 of 2018, "Amit Kumar Vs. Shanti Dham
Divya Yog Maya Mandir Trust & Another"
wherein too, the application for amendment has
been allowed, which later on, upon being
challenged in Criminal Revision No.4 of 2023,
"Divya Yog Maya Saraswati Vs. State of
Uttarakhand & Another", has been affirmed
with the dismissal of revision by an order dated
01.06.2023.
3) In C482 No.1544 of 2023, the
challenge is to the order dated 10.11.2022, as it
was passed by the learned Judicial Magistrate-
I, Landsdown, Pauri Garhwal in Criminal Case
No.213 of 2018, "Amit Kumar Vs. Shanti Dham
Divya Yog Maya Mandir Trust & Another",
which too, was having an effect of allowing the
amendment application, which consequentially
too stood affirmed by an order of 01.06.2023
with the dismissal of Criminal Revision No.05 of
2023, "Divya Yog Maya Saraswati Vs. State of
Uttarakhand & Another".
In all these C482 Applications, it entails
consideration of issue pertaining to the
proceedings under Section 138 of the N.I. Act,
as to who would be the appropriate person to
represent a statutory body as created under the
law.
It was, on account of the said aspect, in
order to satisfy the ingredients which are
contained under Section 141 of the N.I. Act, the
amendment application has been allowed.
Allowing of an amendment application in
these proceedings are not, at all, prejudicing
the right of the present applicant, who has been
impleaded consequent to the impugned order
which is under challenge, because all
contentions in defence are still left open for the
applicant, to be agitated when the proceedings
itself under Section 138 of the Negotiable
Instruments Act is taken up on merits.
Hence, all these C482 Applications would
not be a fit case where this Court is required to
exercise its inherent powers under Section 482
of the Cr.P.C.
Thus, these C482 Applications lack merit
and the same are, accordingly, dismissed.
(Sharad Kumar Sharma, J.)
02.08.2023
Sukhbant
