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C482/1203/2022
2023 Latest Caselaw 415 UK

Citation : 2023 Latest Caselaw 415 UK
Judgement Date : 17 February, 2023

Uttarakhand High Court
C482/1203/2022 on 17 February, 2023
                     Office Notes, reports,
SL.                orders or proceedings or
          Date                                                 COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      17.02.2023
                                                C482 No. 1203 of 2022
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. V.K. Kaparuwan, Advocate, for the applicant.

This C482 Application, the challenge, which has been given by the applicant is, to the summoning order dated 30.11.2021, as rendered in Complaint Case No. 445 of 2021, Ajay Singh Vs. Sanjay Kumar Prajapati, in a proceedings under Section 138 of Negotiable Instruments Act.

Since the offences under Section 138 of N.I. Act, carries a sentence of less than 7 years, it would be covered by the judgment of the Hon'ble Apex Court in the matters of Satender Kumar Antil Vs. Central Bureau of Investigation and Another as reported in 2022 (10) SCC 51.

Hence, the applicant is directed to surrender before the Court concerned and seek his bail and if he does so, the same would be considered in the light of the guidelines framed by the Hon'ble Apex Court in the judgment of Satender Kumar Antil (supra), particularly, the offences which has been categorised under 'A' category of offences and the guidelines, as framed in para 3(e) of the aforesaid judgment.

Subject to the aforesaid, C482 Application stands disposed of.

(Sharad Kumar Sharma, J.) 17.02.2023 Mahinder/

 
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