C482/12/2023
2023 Latest Caselaw 459 UK

Citation : 2023 Latest Caselaw 459 UK
Judgement Date : 22 February, 2023

Uttarakhand High Court

C482/12/2023 on 22 February, 2023

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

                                      C-482 No.12 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Shariq Khurshid, learned counsel for the applicant.

Mr. V.K. Gemini, learned Deputy Advocate General along with Ms. Meena Bisht, learned Brief Holder for the State.

In this C-482 application, the applicant has given challenge to the summoning order dated 26.03.2021, as passed by the court of Additional Chief Judicial Magistrate in Criminal Complaint Case No.359 of 2022, "Aastha Beej Company Pvt. Ltd. Vs. M/s Lalta Prasad Dinanath and Another". The said summoning order was issued by the Court of Additional Chief Judicial Magistrate, Kashihpur, District - Udham Singh Nagar, in the complaint case filed under Section 138 of the N.I. Act, which was put to challenge in criminal revision being Criminal Revision No.207 of 2022, "M/s Lalta Prasad Dinanath Vs. State of Uttarakhand and Another".

The summoning order as issued by the trial Court has been affirmed with the dismissal of the Criminal Revision by judgment dated 30.11.2022. In the present C-482 application, these two orders are compositely put under challenge.

It is an admitted case of the present application that he has already surrendered and has sought his bail, which has been granted.

In these circumstances, where the applicant has already surrendered and the bail has already been granted to him by the Court of Chief Judicial Magistrate, he cannot revert back and put to challenge to the summoning order, as well as the Revisional Court's order as summoning order passed by the trial Court has been accepted by him upon his surrender.

The present C-482 application is misconceived and the same is, accordingly, dismissed.

(Sharad Kumar Sharma, J.) 22.02.2023 Sukhbant