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2018 DAILYLAW 519 (UTT)

Him and Kays Agro Pvt. Ltd. v. Mehra Traders AND ANOTHER

SPLA/87/2018 · 2026-04-16

Ashish Naithani

Criminal Appealbody2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

]SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPLA No.87 of 2018 With (Delay Condonation Appl. No.1482 of 2018) In CRLA No.203 of 2018 Him and Kays Agro Pvt. Ltd. Vs. Mehra Traders and Another Hon’ble Ashish Naithani, J. Mr. Rajat Mittal, learned counsel for the Appellant. 2. No representation for the respondents. 3. Heard on delay condonation application. 4. There is delay of 154 days in filing the instant criminal appeal. 5. The reason assigned for the delay with the present leave to appeal has been filed against the judgment impugned whereby the case of the appellant was dismissed in default for want of prosecution as such the appellant was not aware of the said order and thus delay has been caused. 6. Delay is well explained. Delay is condoned. Accordingly, delay condonation application is allowed. 7. The matter dates back to 2018 specifically the date 13.07.2018 whereby appearance of learned counsel for the appellant has been shown. Notices were issued to the respondent and as per office report dated 30.08.2018 service is shown to be sufficient. Notices were again issued on 01.12.2020 and as per office report dated 05.12.2020 notices are shown to be served upon respondent no.2 yet there is no representation. 8. Present leave to appeal has been filed by the appellant against the judgment and order dated 29.11.2017 passed by Judicial Magistrate, IInd, Dehradun in Case No.2279 of 2016 under Section 138 of N.I. Act. 9. At this juncture grounds are found to be sufficient for allowing the leave to appeal. 10. Leave is granted. 11. Summon the lower court record. 12. Issue fresh notices to the respondents returnable at an early date. 13. Fresh steps to be taken. 14. Let the objection be filed by the respondents within two weeks. 15. List on 22.05.2026. (Ashish Naithani, J.) 16.04.2026 Arti