C482/140/2022
2023 Latest Caselaw 690 UK

                   Office Notes, reports,
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      18.03.2023                            C482 No. 140 of 2022
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Siddhartha Sah, learned counsel for the applicant.

Mr. Amit Bhatt, learned Deputy Advocate General for the State.

Mr. Sumit Bajaj and Mr. Saurabh Kumar Pandey, learned counsels for the respondent no. 2.

Counsel for the respondents submit that since, applicant has sought to address on question of law, which is alleged to be involved, hence, no counter affidavit is required to be filed.

In the instant C-482 application the accused-applicant has given a challenge to the summoning order, which has been issued by the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, in Complaint Case No. 7501 of 2019, 'M/s Tara Enterprises Vs Athar Ilahi'.

There a various facets, which was attempted to be argued by the learned counsel for the applicant in order to assail the summoning order, which has been passed by the learned Trial Court, but, ultimately, the learned counsel for the applicant submits that since, under the complaint proceedings under Section 138 of Negotiable Instrument Act, its carrying a sentence of less than seven years, he may be granted protection as per the guidelines framed by Hon'ble Apex Court in the matter of Satender Kumar Antil Vs. Central Bureau of Investigation and another as reported in (2022) 10 SCC 51.

This C-482 application would stand closed, subject to the scope left open for the applicant to resort to the proceedings for redressal of his grievance, as per the guidelines framed by the judgment of Satender Kumar Antil (Supra) in relation to the complaint cases.

(Sharad Kumar Sharma, J.) 18.03.2023 PN/-