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2025 DAILYLAW 206 (UTT)

ANUP ARORA v. NAVIN BHATT

SPLA/40/2025 · 2026-04-01

Ashish Naithani

body2025

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 JUDGE’S ORDERS SPLA No.40 of 2025 With CRLA No.96 of 2025 Anup Arora Vs. Navin Bhatt Hon’ble Ashish Naithani, J. Mr. Pramod Bailwal, learned counsel for the Appellant. 2. Mr. Nikhil Singhal, learned counsel for the Respondent. 3. As per the order dated 10.02.2026 delay condonation application was allowed. 4. Lower court record has been received and made part of the record. 5. Let the paper book be prepared and furnished to the concerned parties, as per Rules. 6. Present leave to appeal is filed by the appellant against the judgment and order dated 30.11.2024 passed by learned Judicial Magistrate, Rishikesh, District Dehradun in Complaint No.129 of 2020 for the offence punishable under Section 138 of Negotiable Instrument Act, Police Station Rishikesh, District Dehradun. 7. Learned counsel for the appellant submits for consideration of leave to appeal that despite having sufficient grounds learned trial court passed an inappropriate order not following the procedure and evidence on supporting the cheque of Rs.2,00,000/- that was dishonoured due to insufficient fund. 8. At this juncture leave to appeal is allowed. 9. Learned counsel for the respondent prays for and is granted two weeks time to file counter affidavit. 10. List this appeal on 23.04.2026 for final hearing. (Ashish Naithani, J.) 01.04.2026 Arti