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2020 DAILYLAW 608 (UTT)

MUKESH KUMAR VATS v. STATE OF UTTARAKHAND

SPLA/1/2020 · 2026-04-09

Ashish Naithani

body2020

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 JUDGES’S SPLA No. 01 of 2020 With SPLA No. 02 of 2020 With CRLA No. 08 of 2020 With CRLA No. 12 of 2020 Mukesh Kumar Vats ....Appellant Vs. State of Uttarakhand and Another ......Respondents Hon’ble Ashish Naithani, J. Mr. Priyanshu Gairola, learned counsel for the Applicant. 2. Mr. Vipul Painuly, learned A.G.A. for the State of Uttarakhand. 3. Mr. Pratul Kumar, learned counsel holding brief of Mr. Lokendra Dobhal, learned counsel for Respondent No. 2. 4. The present Leave to Appeal has been filed against the judgment and order dated 21.12.2019, passed by the learned IIIrd Additional Judicial Magistrate, Dehradun, in Complaint Case No. 4970 of 2019, “Mukesh Kumar Vats vs. Mohan Singh Aswal”, under Section 138 of the Negotiable Instruments Act, 1881, whereby the learned IIIrd Additional Judicial Magistrate, Dehradun, was pleased to acquit Respondent No. 2 of the charge of offences punishable under Section 138 of the N.I. Act, 1881. 5. Learned counsel for the Appellant submits that the learned Trial Court ignored the presumption in favour of the Appellant and, despite the same, passed an order of acquittal, against which the present Leave to Appeal has been filed. 6. Accordingly, both the Leave to Appeals are allowed. 7. Summon the Trial Court record. Upon receipt of the same, let the paper book be prepared and furnished to the learned counsel for the parties, as per Rules. 8. Objections, if any, be filed by the Respondents. 9. List this case on 21.05.2026 for hearing. (Ashish Naithani, J.) 09.04.2026 Shiksha