CRLR/684/2023
2023 Latest Caselaw 2938 UK

                      Office Notes,
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         Date                                      COURT'S OR JUDGES'S ORDERS
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      03.10.2023                        CRLR No.684 of 2023
                                        Hon'ble Alok Kumar Verma, J.

Heard Mr. G.C. Lakhchaura, learned counsel for the proposed revisionist.

2. Amendment Application (IA No.2 of 2023) is dismissed as not pressed.

3. Mr. G.C. Lakhchaura, Advocate appearing for the proposed revisionist- accused contended that a complaint case was filed by the respondent no.2- complainant under Section 138 of the Negotiable Instruments Act, 1881. Summons were not served on the revisionist. Despite that NBW, process under Section 82 and under Section 83 of the Code of Criminal Procedure, 1973 were issued against the revisionist. An application was moved by the revisionist before the trial court to cancel the NBW. The said application has been dismissed vide impugned order dated 05.09.2023, passed by the Judicial Magistrate, Ranikhet, District Almora in Complaint Case No.280 of 2022.

4. Mr. G.C. Lakhchaura, Advocate has further submitted that the present case is covered by the judgment passed by the Hon'ble Supreme Court in "Satender Kumar Antil vs. Central Bureau of Investigation and Another", 2021(10) SCC 773. He further submitted that revisionist- accused Amit Garg undertakes to appear physically before the trial court on the date fixed.

5. Issue notice to the respondent no.2. Steps to be taken within 24 hours.

6. List on 20.10.2023.

7. In the facts and circumstances of the case, and on the undertaking given by the revisionist, the execution of NBW, process under Section 82 and Section 83 of the Code of Criminal Procedure, 1973 are kept in abeyance till the next date of listing.

(Alok Kumar Verma, J.) 03.10.2023 JKJ/Pant