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2019 DAILYLAW 614 (UTT)

SURYABANSH SINGH v. STATE OF UTTARAKHAND

SPLA/101/2019 · 2026-03-16

Ashish Naithani

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS SPLA No.1 0 1 of 2 0 1 9 With CRLA No.3 3 5 of 2 0 1 9 “Suryabansh Singh Vs. State of Uttarakhand and others” Hon ’ble Ash ish Nait h an i, J. Mr. Vikram Singh Dhapola, learned counsel holding brief of Mr. Ramji Shrivastava, learned counsel for the Appellant. 2. Mr. G.C. Joshi, learned AGA with Mr. J.P. Kandpal, learned Brief Holder, for the State of Uttarakhand. 3. Mr. Amit Kapri, learned counsel for the Respondent Nos.2 and 3. 4. The present application has been filed by the Appellant seeking special leave to appeal against the judgment and order dated 29.03.2019 passed by the court of learned Judicial Magistrate (1st Class) Vikas Nagar, Dehradun in Criminal Complaint No.718 of 2011, “Sri Suryabansh Vs. M/s Amit Kumar Traders and another”, whereby the complaint of the appellant under Section 138 of N.I. Act, had been dismissed by the learned Trial Court. 5. Learned counsel for the Appellant submits that the impugned order has flaw in appreciation of the evidence. Firstly, the cheque involved has been admitted by the party. Secondly, evidently status was in favour of the Appellant despite that it was not considered in his favour. 6. Learned counsel for the Respondents, however, refutes to the contentions so made. 7. 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. 8. The application is treated as an appeal and is admitted. 9. Let a paper-book be prepared and supplied to the learned counsel for the parties on the payment of usual charges. 10. List this matter on 06.04.2026. ( Ash ish Nait h an i, J.) 1 6 .0 3 .2 026 Nitesh/