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High Court of Himachal Pradesh · body

2025 DAILYLAW 3222 (HP)

NARESH KUMAR SHARMA v. SANJEEV KUMAR PATHANIA

CRMPM/2512/2025 · 2026-07-03

Rakesh Kainthla

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Naresh Kumar Sharma vs. Sanjeev Kumar Pathania Cr.MP(M) No. 2512 of 2025 Reserved on 19.06.2026 03.07.2026 Present: Mr Surinder Saklani, Advocate, for the petitioner. Mr Raj Thakur, Advocate, vice Mr Gurmeet Bhardwaj, Advocate, for the respondent. The learned Trial Court dismissed the complaint because the complainant had failed to establish proprietorship of the concern in whose name the cheque was issued. However, this conclusion is, prima facie, vulnerable, as the complainant’s testimony regarding his status as proprietor remained unchallenged during cross- examination and is deemed to be accepted. Hence, the present application is allowed, and the leave to appeal is granted. The application stands disposed of. Cr. Appeal No. of 2025 (Cr.A.(A- SB)/9401/2025) The leave to appeal has been granted to the appellant/complainant as per the order passed in Cr.MP(M) No. 2512 of 2025. It be registered. Mr Raj Thakur, learned counsel appears and waives service of the notice on behalf of the respondent/accused. A copy of the appeal be supplied to the learned counsel for the respondent within three days. The respondent/accused is directed to furnish the personal and surety bonds in the sum of ₹ 25,000/- with one surety of the like amount to the satisfaction of the Additional Registrar (Judicial)/Learned Trial Court within four weeks, undertaking therein to appear before this Court as and when directed to do so and surrender before the learned Trial Court in case of acceptance of the appeal. The bail bonds so furnished be transmitted to this Court for record. The record has been received. The matter be listed for hearing in due course. (Rakesh Kainthla) Judge 3rd July, 2026 (ravinder)