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2021 DAILYLAW 835 (UTT)

KANWALJEET SINGH v. STATE OF UTTARAKHAND

SPLA/10/2021 · 2026-04-02

Ashish Naithani

body2021

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 ORDERS SPLA No. 10 of 2021 With CRLA No. 54 of 2021 Kanwaljeet Singh ....Appellant Versus State of Uttarakhand and Another --Respondent Hon’ble Ashish Naithani, J. Mr. Nalin Saun, learned counsel for the Appellant. 2. Mr. Chitrartha Kandpal, learned Brief Holder for the State of Uttarakhand. 3. The present Leave to Appeal has been filed on behalf of the Appellant, praying that this Court may be pleased to allow the present application and permit the Appellant to file an Appeal against the impugned order dated 30.01.2021, passed by the learned Additional Chief Judicial Magistrate/10th Additional Civil Judge (S.D.), Dehradun, District Dehradun, in Complaint Case No. 1274 of 2013 (Old No. 63/2011), “Kanwaljeet Singh vs. Arun Kumar”, under Section 138 of the Negotiable Instruments Act, 1881. 4. The matter dates back to 04.03.2021, i.e., the date of its institution. 5. The Lower Court Record has been summoned and is on record. 6. There is representation on behalf of Respondent No. 2; however, none is present on his behalf before this Court. 7. An effort was made to explore the possibility of settlement between the parties; however, as per the mediator’s report dated 01.04.2026, the presence of the first party, i.e., the Appellant, along with his counsel, was noted, but Respondent No. 2 neither appeared on the date fixed nor was he represented through counsel. 8. Learned counsel for the Appellant submits that the case was dismissed merely on the ground of non-appearance and non- prosecution of the Appellant, without granting sufficient opportunity to him. 9. At this juncture, this Court finds sufficient grounds to allow the present application. Accordingly, the Special Leave to Appeal is allowed. 10. Let the paper book be prepared and furnished to the learned counsel for the parties, as per Rules. 11. Objections, if any, be filed by the Respondents. 12. List this case on 23.04.2026 for final hearing. (Ashish Naithani, J.) 02.04.2026 Shiksha