C482/838/2023
2023 Latest Caselaw 1217 UK

Citation : 2023 Latest Caselaw 1217 UK
Judgement Date : 2 May, 2023

Uttarakhand High Court

C482/838/2023 on 2 May, 2023

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

      02.05.2023                            C482 No. 838 of 2023
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Sanjay Kumar, Advocate for the applicants.

2. The respondent has instituted a Suit for specific performance, being Suit No. 45 of 2018, on which the issue no. 2 was decided pertaining to the sufficiency of the court fees, and the same has been decided against the plaintiff-complainant-respondent by an order of 10.07.2019, it is contended by the applicants, that as a consequence thereto, when the decision was rendered holding thereof, that the Suit is insufficiently stamped, the civil proceedings would be deemed to have dropped.

3. It was after the judgment of 10.07.2019, which has attained finality according to the argument extended by the learned counsel for the applicants, a complaint was registered by respondent on 15.06.2022, on which the cognizance have been taken by the learned trial court, by issuing a summoning order on 01.02.2023 in a Criminal Complaint Case No. 989 of 2022, "Smt. Rajbala Vs. Smt. Meera Devi @ Meera and Others".

4. It has been argued by the learned counsel for the applicants, that after the dismissal of the suit for specific performance, registration of the complaint case was nothing, but giving a civil dispute a criminal colour by instituting a complaint proceedings by the respondent, for summoning the present accused person to be tried for the offences under Section 420 & 506 of IPC.

5. Issue notice to the respondent.

6. Steps to serve the respondent be taken by the applicants, within a period of one week from today.

7. Till next date of listing, the proceedings of Criminal Complaint Case No. 989 of 2022, "Smt. Rajbala Vs. Smt. Meera Devi @ Meera and Others", which is pending consideration before the Court of Judicial Magistrate, Jaspur, District Udham Singh Nagar, would be kept in abeyance.

(Sharad Kumar Sharma, J.) 02.05.2023 PN/-