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2025 DAILYLAW 11314 (UTT)

MOHD. MUMTAZ v. MUKESH SINGH

C528/490/2024 · 2025-02-28

Alok Mahra

body2025

Judgment text

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2025:UHC:1414 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.490 of 2024 Hon’ble Alok Mahra, J. Mr. Ghanshyam Joshi, Advocate for the applicant. Mr. Mohit Kumar, Advocate for the respondent. 2. This Criminal Misc. Application has been filed by the applicant, challenging the order dated 21.08.2024 passed by learned Sessions Judge, Udham Singh Nagar in Criminal Revision No.153 of 2024. Applicant has also challenged the order dated 24.07.2024 passed by learned Judicial Magistrate, Jaspur, District Udham Singh Nagar in Criminal Case No.18 of 2019. 3. Earlier a complaint was lodged against the applicant by the respondent under Section 138 of the Negotiable Instrument Act. Thereafter, cognizance was taken by the Magistrate and summoning order was issued against the applicant. According to the applicant, he filed application under Section 91 Cr.P.C. Learned Judicial Magistrate rejected the said application vide order dated 24.07.2024. Against the said order, applicant filed Criminal Revision. The said criminal revision has also been dismissed by learned Sessions Judge, Udham Singh Nagar vide order dated 21.08.2024. Hence, this criminal misc. application. 4. Perusal of the impugned orders passed by learned Magistrate reveals that he has considered & discussed all relevant aspects. Thus, the view taken 2025:UHC:1414 by the learned Magistrate, cannot be faulted. Learned Revisional Court was thus justified in dismissing the Revision Petition. Thus, this Court does not find any reason to interfere with the impugned orders. 5. Accordingly, the criminal misc. application fails and is dismissed. (Alok Mahra, J.) 28.02.2025 Arpan