SPLA/184/2024
2025 Latest Caselaw 2194 UK

Uttarakhand High Court

SPLA/184/2024 on 25 February, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
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                                  SPLA No. 184 of 2025
                                  With
                                  IA No. 1 of 2024
                                  In
                                  CRLA No. 228 of 2024
                                   Hon'ble Ravindra Maithani, J.

Mr. Yashasawi Shah, Advocate for the appellant.

The appellant seeks leave of the Court to challenge the judgment and order dated

of 2023 (Old No. 217 of 2018), Nikunj Goyal Vs. Umardaraj, by the court of Judicial Magistrate 1st, Haridwar. By it, the respondent has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. It is delayed by 100 days.

A Delay Condonation Application No. 1 of 2024 has been filed.

Notices were issued to the respondent, which has been served, but none appeared on his behalf.

Heard.

Having considered, this Court is of the view that there are good grounds to condone the delay in preferring leave to appeal.

Accordingly, the delay condonation application is allowed. The delay in preferring leave to appeal is condoned.

Heard on leave to appeal.

Having considered, this Court is of the view that the criminal appeal requires deliberation and the leave to appeal deserves to be allowed.

Leave to appeal is allowed. Let Call for the LCR.

List on 28.04.2025 for hearing on the appeal.

(Ravindra Maithani, J.) 25.02.2025 Jitendra