Uttarakhand High Court

Belwal vs Unknown on 3 June, 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
             Registrar's order
              with Signatures
44                                 SPLA No. 112 of 2025
                                   With
                                   CRLA No. 277 of 2025
                                   Hon'ble Ravindra Maithani, J.

Mr. Ketan Joshi, Advocate for the appellant The appellant proposes to challenge the judgment and order dated 04.03.2025, passed in Criminal Case No. 7997 of 2019, Smt. Kiran Belwal Vs. Yogesh Kumar Arya, by the Court of Civil Judge (Junior Division)/Judicial Magistrate, Haldwani, District Haridwar. By it, the respondent has been acquitted under Section 138 of the Negotiable Instruments Act, 1881. The appellant seeks leave to appeal.

Heard.

Learned counsel for the appellant would submit that there is presumption with regard to the cheque that was admittedly given by the respondent to the appellant and this presumption has not been rebutted at all. The court below has wrongly shifted the burden on the appellant to establish financial capacity. He would submit that the financial capacity has never been questioned by the respondent.

LCR is already before the Court and perused.

Having considered, this Court is of the view that it is a case fit for granting leave to the appellant to prefer the appeal.

Hence, leave granted.

Admit.

Issue notice to the respondent. LCR has already been received. Let paper book be prepared and supplied to learned counsel for the parties as per Rules.

List thereafter for final hearing.

(Ravindra Maithani, J.) 03.06.2025 Jitendra