"Anand Kumar Agrawal vs State Of Uttarakhand And Another"
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Uttarakhand High Court

"Anand Kumar Agrawal vs State Of Uttarakhand And Another" on 16 April, 2026

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                              SPLA No.158 of 2024
                              With
                              CRLA No.216 of 2024
                              "Anand Kumar Agrawal Vs. State of Uttarakhand and another"
                              Hon'ble Ashish Naithani, J.

Mr. Dharmendra Barthwal, learned counsel for the Appellant.

2. Mr. Vipul Painuly, learned AGA with Mr. Chitrarth Kandpal, learned Brief Holder, for the State of Uttarakhand.

3. The present application has been filed by the Appellant seeking special leave to appeal against the judgment and order dated 03.04.2024 passed by the court of learned Judicial Magistrate -IInd , Haldwani, District Nainital in Criminal Case No.160 of 2018, "Anand Kumar Agarwal Vs. M/s Varun Builders" under Section 138 of the Negotiable Instrument Act, whereby the Respondent No.2, has been acquitted.

4. As per records, the notice has been served upon the Respondent no.2 through mother, and it is considered to be sufficient. Since there is no representation on behalf of the Respondent No.2 despite the services being sufficient and considering the date of its inception, heard on the leave to appeal.

5. After hearing the learned counsel for the Appellant, the present matter needs deliberation, this Court is satisfied that the Appellant has made out a prima facie case warranting consideration. Special leave to appeal is granted.

6. The application is treated as an appeal and is admitted.

7. The matter needs consideration. Let the Trial Court Record be summoned. After receipt of the same, let the paper- book be prepared and supplied to the learned counsel for the parties on the payment of usual charges.

8. List this matter on 26.05.2026.

(Ashish Naithani, J.) 16.04.2026 Nitesh/