C482/1352/2019
2025 Latest Caselaw 1392 UK

Uttarakhand High Court

C482/1352/2019 on 30 July, 2025

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                              C-482 No. 1352 of 2019

                              Hon'ble Ashish Naithani, J.

Mr. M.S. Pal, learned Senior Advocate assisted by Mr. Aamir Malik, learned counsel for the Applicant.

2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand.

3. Ms. Priya Mewari, learned counsel for the Respondent No. 2.

4. The present Application under Section 482 Cr.P.C. (corresponding to Section 582 of B.N.S.S., 2023) has been filed with the prayer to quash the order dated 11.06.2019, passed by the Judicial Magistrate/IIIrd Additional Civil Judge (S.D.), Rudrapur, District Udham Singh Nagar in Misc. Criminal Case No. 1184 of 2013, "Ankur Goyal vs. Alok Gupta" under Section 138 of the N.I. Act, 1881, P.S. Gadarpur, District Udham Singh Nagar. It is further prayed that the learned Trial Court be directed to recall the order dated 27.08.2014 and restore the Criminal Complaint Case No. 1184 of 2013, "Ankur Goyal vs. Alok Gupta" under Section 138 of the N.I. Act, 1881, P.S. Gadarpur, District Udham Singh Nagar, to its original number.

5. Learned Senior Advocate appearing for the Applicant submits that the order dated 08.07.2024 needs to be recalled, as the said order was passed on the basis of the order of the Daily Lok Adalat dated 28.06.2024 (signed by the member and Presiding Officer of the Lok Adalat), which reveals that a settlement had already been arrived at between the parties.

6. It is submitted that since there was no representation on behalf of the parties for appearance, no positive conclusion could have been arrived at either way, and hence, the said order cannot be said to be valid. Despite the said order, learned counsels for the parties still submit that the parties are continuing efforts to settle the matter.

7. Ever since the inception of the present matter, which dates back to 29.07.2019, objections are yet to be filed on behalf of the Respondents.

8. As per the order of the Daily Lok Adalat and submissions made by the learned counsel for the parties, it is apparent that the parties did not appear before the said Lok Adalat. In this light, the order of the Daily Lok Adalat is not legally sustainable, and the matter shall be heard on merits.

9. The Recall Application is allowed.

10. The order and judgment dated 08.07.2024 is recalled and the matter is restored to its original number.

11. List this case on 21.08.2024.

(Ashish Naithani, J.) 30.07.2025 Shiksha