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2025 DAILYLAW 282 (UTT)

DAYA RAM SHARMA v. PARMILA DEVI

SPLA/163/2025 · 2026-04-09

Ashish Naithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPLA No.163 of 2025 CRLA No.401 of 2025 “Daya Ram Sharma and another Vs. Parmila Devi” Hon’ble Ashish Naithani, J. Ms. Bhavya Sharma, learned counsel holding brief of Mr. Ravi Joshi, learned counsel for the Appellant. 2. The present application has been filed by the Appellant seeking special leave to appeal against the judgment and order dated 28.03.2025, passed by the court of learned 2nd Additional Civil Judge (J.D.)/Judicial Magistrate, Dehradun in Criminal Complaint Case No.215 of 2017, “Daya Ram Sharma and another Vs. Parmila Devi”, under Section 138 of Negotiable Instruments Act, whereby acquitting the Respondent/accused for the charges under Section 138 of the Negotiable Instruments Act. 3. As per office report, it is mentioned that the service is secondary as served through mother-in-law and as per the address it is mentioned as “Parmila Devi W/o Shri Vinod Kumar R/o 60, Rajpur Road, Kanya Gurukul Mahavidyalaya, Dehradun District Dehradun”. Meaning thereby, the notice was served to the place where she was residing and also indicates that she is evading the service. Service is considered to be sufficient. 4. Since there is no representation on behalf of the Respondent. 5. Heard on the special leave to appeal. 6. After hearing the learned counsel for the Appellant, the present matter needs deliberation, this Court is satisfied that the Appellant has made out a prima facie case warranting consideration. Special leave to appeal is granted. 7. The application is treated as an appeal and is admitted. 8. As per office report, Trial Court Record has been received. 9. Let a paper-book be prepared and supplied to the learned counsel for the parties on the payment of usual charges. 10. List this matter on 14.05.2026. (Ashish Naithani, J.) 09.04.2026 Nitesh/