CRLA/607/2025
2026 Latest Caselaw 837 UK

Uttarakhand High Court

CRLA/607/2025 on 9 February, 2026

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                              SPLA No. 246 of 2025
                              With
                              CRLA No. 607 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Gaurav Singh, learned counsel for the Appellant.

2. The present matter is an application seeking leave to appeal under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, with a prayer for grant of leave to appeal against the judgment and order dated 08.09.2025 passed by the learned Judicial Magistrate, Ist, Roorkee, District Haridwar in Criminal Complaint No. 492 of 2024 (Old Criminal Complaint No. 1082 of 2019), titled "Naresh Sachdeva vs. Vipin Arora", for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, Police Station Gangnahar, District Haridwar.

3. The Trial Court record was summoned vide order dated 07.11.2025 and, as per the order-sheet dated 12.12.2025 passed by the Coordinate Bench, due to non-compliance on behalf of the Appellant, the Special Leave to Appeal was dismissed for non- prosecution and consequently, the Criminal Appeal also stood dismissed.

4. Thereafter, on 16.12.2025, a Restoration Application (MCRC No. 01 of 2025) along with an affidavit of learned counsel was filed, consideration whereof the present matter is listed today.

5. The main ground urged for consideration of the Restoration Application, as stated in paragraph no. 4 of the affidavit annexed with the application, is that due to a mistake on the part of the clerk, the matter was not updated to the learned counsel and consequently, the learned counsel could not take note of the listing, which resulted in dismissal of the matter for non- prosecution.

6. The grounds so advanced appear to be reasonable. Accordingly, the Restoration Application is allowed. The order dated 12.12.2025 is recalled and SPLA No. 246 of 2025 along with CRLA No. 607 of 2025 is restored to its original number.

7. List this case on 25.02.2026.

(Ashish Naithani, J.) 09.02.2026 Shiksha