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 S- 24
SPLA No. 187 of 2025 With CRLA No. 436 of 2025 Hon’ble Ravindra Maithani, J. Ms. Sangeeta Adhikari Patni, Advocate for the appellant. The appellant seeks leave to appeal against the judgment and order dated 17.06.2025 passed in Criminal Complaint Case No. 3906 of 2022, Gagan Kalra v. Mintu Yadav, by the court of Additional Chief Judicial Magistrate/2nd Additional Civil Judge (Sr. Div.), Rudrapur, District Udham Singh Nagar, by which the respondent has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881. Heard.
Learned counsel for the appellant submits that the impugned judgment and
order is bad to the extent the court has held that there is no legally enforceable debt on the respondent to give the cheque. It is argued that this finding has been recorded merely on the basis of the fact that the witness, in whose presence the cheque was given, has not been examined. Having considered, this Court is of the view that the leave to appeal deserves to be allowed. Leave to appeal is allowed. Admit. Issue notice to the respondent, returnable within four weeks. Steps to be taken within ten days.
Call for the lower court record. Once it is received, let the paper book be prepared and given to the learned counsel for the parties, as per rules. List on 11.12.2025.
(Ravindra Maithani J.)
09.10.2025 Avneet/