C482/66/2022
2023 Latest Caselaw 9 UK

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                                  C482 No. 66 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. M.K. Ray, Advocate, for the applicant. Mr. Pratiroop Pande, A.G.A., with Mr. Pramod Tewari, Brief Holder, for the State of Uttarakhand.

Mr. B.M. Pingal, Advocate, for respondent No.2.

The challenge in the present C482 Application, as given by the applicant, is to the summoning order dated 15th February, 2021, as it has been passed by the Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar, in Criminal Case No.228 of 2021, Mohammad Tahir Vs. Santosh Kumar @ Santosh Gaurav, which is presently pending consideration before the Court of Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar.

Since the offence contemplated under Section 138 of the N.I. Act, carries a sentence of less than seven years, the same would be governed by the parameters which had been laid down by the Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, as reported in (2021) 10 SCC 773.

Since the offence is covered under 'A' category of offence, as it has been provided in para 3 of the aforesaid judgment, in case, if the applicant moves an application for bail before the Court below within a period of two weeks from today, his bail application would be considered in accordance with law, as per the guidelines provided in para 3

(e) of the judgment of Satender Kumar Antil (Supra).

Subject to the aforesaid, the C482 Application stands disposed of.

(Sharad Kumar Sharma, J.) Dated 02.01.2023 Shiv