Mr. S.K. Mandal vs Manpreet Kaur
2024 Latest Caselaw 489 UK

Uttarakhand High Court

Mr. S.K. Mandal vs Manpreet Kaur on 21 March, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

             Office Notes,
SL.   Date      reports,
No.            orders or              COURT'S OR JUDGE'S ORDERS
             proceedings
             or directions
                  and
              Registrar's
              order with
              Signatures
                             C482 No. 435 of 2024

                             Hon'ble Rakesh Thapliyal, J.

1. Mr. S.K. Mandal, learned counsel for the applicant.

2. By the present C482 application, the applicant is challenging the proceedings of Criminal Complaint Case No. 6374 of 2022, HDFC Bank ltd. vs. Manpreet Kaur, pending in the court of Addl. Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar wherein the cognizance has been taken in respect of the complaint filed by the respondent no. 2 under Section 138 of the N.I. Act

3. On two grounds proceedings have been challenged. The first ground is that the present applicant is the resident of Pilibhit but before taking cognizance on the complaint, the procedure as prescribed under Section 202 Cr.P.C. has not been followed which are mandatory and in reference to this the statement has been given in para 22 of the affidavit. In reference to this the learned counsel for the applicant placed reliance upon the judgments rendered by the Hon'ble Apex Court in the case of Birla Corporation Ltd. vs. Adventz Investment and Holdings Ltd. & ors., (2019) 16 SCC 610, in Suo Motu Writ Petition (Crl.) No. 20 of 2020 and in the judgment of Bansilal S. Kabra vs. Global Trade Finance Ltd. & anr., passed by the High Court of Bombay in Criminal Application No. 1344 of 2010.

4. The another ground of challenge is that the present applicant is not the account holder of A/c No. 50100301850633 and this account is in the name of Vikramjeet Singh Buda and other two joint holders, namely, Lakhveer Singh and Harjinder Kaur.

5. The learned counsel for the applicant submits that in fact cheque in question is forged one. He further submits that neither present applicant is the holder of the cheque nor she put her signature on it and the signature is forged one.

6. All these aspects require deliberation for which counter affidavit is necessary.

7. Mr. Saurabh Pandey, learned Brief Holder accepts notice for respondent no.

1.

8. Issue notice to respondent no. 2 returnable by three weeks with acknowledgment due.

9. Learned counsel for the applicant shall take steps within two weeks.

10. Respondent(s) may file counter affidavit within four weeks. Two weeks' thereafter is granted to the learned counsel for the applicant for filing rejoinder affidavit.

11. List this case on 13.05.2024.

12. Till the next date of listing, further proceedings of Criminal Complaint Case No. 6374of 2022, HDFC Bank ltd. vs. Manpreet Kaur, pending in the court of Addl. Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar shall remain stayed.

(Rakesh Thapliyal, J.) 21.03.2024 Parul