Mr. Lalit Singh Sammal vs Joshi
2025 Latest Caselaw 1744 UK

Uttarakhand High Court

Mr. Lalit Singh Sammal vs Joshi on 6 August, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

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23                                SPLA No.140 of 2025
                                  CRLA No.347 of 2025
                                  Hon'ble Ravindra Maithani, J.

Mr. Lalit Singh Sammal, Advocate for the appellant.

Heard.

The appellant proposes to challenge the judgment and order dated 29.04.2025, passed in Criminal Complaint No.4068 of 2016, Ajay Verma Vs. Naveen Chandra Joshi, by the court of Additional Judicial Magistrate, Haldwani, District Nainital, by which the complaint filed by the appellant, under Section 138 of the Negotiable Instruments, 1881 ("the Act") has been rejected. He seeks leave to appeal.

Learned counsel for the petitioner submits that the respondent has admitted that he had a given security cheque, but he has not been able to rebut the presumption under Section 139 of the Act. He has referred to various documents in the lower court record.

In his examination under Section 251 Cr.P.C., the respondent admits that he had given a cheque of Rs. 1 Lakh to the appellant. At some stage, he denies of giving any cheque in discharge of any liability, but in any manner, the respondent admits that he had given a cheque.

The appellant has claimed as to why the cheque was given.

Having considered, this Court is of the view that this is a fit case in which the leave to appeal may be granted.

The leave to appeal is granted. Admit.

The LCR is received.

Issue notices to the respondent, returnable within six weeks.

Steps to be taken within a week. List thereafter.

(Ravindra Maithani J.) 06.08.2025 RV