Unknown vs Gauri
2025 Latest Caselaw 3792 UK

Uttarakhand High Court

Unknown vs Gauri on 17 April, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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

                                         C528 No.463 of 2025
                                         Hon'ble Pankaj Purohit, J.

Mr. Yogesh Upadhyay, learned counsel for the applicant.

2. Mr. G.C. Joshi, learned AGA for the State.

3. Applicant before this Court is the complainant in Complaint Case No.295 of 2017, Yogendra Upadhyay vs. Gauri Sharma, under Section 138 of the Negotiable Instruments Act, 1881, pending before the Court of learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.

4. Applicant moved an application on 07.08.2024 under Section 311 Cr.P.C. requesting the learned trial Court to summon the Branch Manager of Punjab National Bank, Branch Kankhal, District Haridwar along with the relevant documents in respect of the cheque in-question before the Court as a prosecution witness. The said application was rejected by learned trial court vide order dated 18.09.2024 after hearing both the parties and considering the objection filed by the respondent- accused.

4. Applicant, feeling disgruntled, challenged the said order by filing Criminal Revision No.187 of 2024, Vikram Singh Rawat vs. State of Uttarakhand & another. The said revision petition also met with the same fate of dismissal by judgment and order dated 29.03.2025 passed by the Revisional Court, and as a result, the order passed by the trial Court was affirmed.

5. It is feeling aggrieved by the judgments and orders passed by learned trial court as well as the learned revisional court, applicant is before this Court by filing present C528 application.

6. It is submitted by learned counsel for the applicant that in order to prove that the cheque in question was signed by the respondent-accused, the signature of the respondent no.2 on the

cheque should be matched with the signature of the accused in his bank account, and for that purpose, the Branch Manager of the Branch in question was required to be called with relevant documents. The learned trial Court as well as the learned Revisional Court has not considered this aspect in proper manner. This Court finds force in the submission made by learned Counsel for the applicant.

7. Issue notice to the respondent no.2, returnable within four weeks.

8. Steps to be taken within a week.

9. List on 11.06.2025.

10. In the meantime, further proceedings of Criminal Complaint Case No.295 of 2017, Yogendra Upadhyay vs. Gauri Sharma, pending before the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar shall remain stayed.

(Pankaj Purohit, J.) 17.04.2025 AK