SPLA/11/2025
2026 Latest Caselaw 895 UK

Citation : 2026 Latest Caselaw 895 UK
Judgement Date : 10 February, 2026

[Cites 1, Cited by 0]

Uttarakhand High Court

SPLA/11/2025 on 10 February, 2026

             Office Notes,
            reports, orders
            or proceedings
SL.   Dat
             or directions                              COURT'S OR JUDGE'S ORDERS
No.    e
            and Registrar's
              order with
              Signatures

                              SPLA No. 11 of 2025
                              With
                              CRLA No. 19 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Mani Kumar, learned counsel for the Appellant.

2. Heard learned counsel for the parties.

3. The matter is pending for consideration of the Delay Condonation Application.

4. Notice was issued to the Respondent for filing objections.

5. As per the office note dated 09.02.2026, the notice has been duly served upon the Respondent personally; however, there is no representation on behalf of the Respondent.

6. In view of the fact that despite sufficient service, no one has appeared on behalf of the Respondent and no objection to the Delay Condonation Application has been filed, and considering that the delay is only of 11 days and has been satisfactorily explained, the delay is hereby condoned. Accordingly, the Delay Condonation Application is allowed.

7. The present Application has been filed by the Complainant seeking Special Leave to Appeal against the judgment and order dated 26.10.2024, passed by the learned Additional Chief Judicial Magistrate/Third Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar, whereby the accused has been acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881.

8. Having perused the impugned judgment, this Court is satisfied that the Appellant has made out a prima facie case warranting consideration.

9. Special Leave to Appeal is granted.

10. The application is treated as an Appeal and is admitted.

11. Though notice was earlier issued, the same was in regard to the Delay Condonation Application. Accordingly, notice shall be issued again to the Respondent. Steps shall be taken within a week.

12. List this case on 25.03.2026.

(Ashish Naithani, J.) 10.02.2026 Shiksha