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2025 DAILYLAW 342 (UTT)

MANISH KUDALIYA v. MAMTA DEVI

SPLA/124/2025 · 2026-04-27

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 JUDGES’S SPLA No. 124 of 2025 With CRLA No. 311 of 2025 Manish Kudaliya ....Appellant Vs. Mamta Devi ......Respondent Hon’ble Ashish Naithani, J. Mr. Tejas Agarwal, learned counsel for the Appellant. 2. As per the office report dated 24.04.2026, notice has been duly served upon the Respondent personally; hence, service is held sufficient. Despite sufficient service, none appears on behalf of the Respondent. 3. The present Special Leave to Appeal has been filed under Section 419(4) of the B.N.S.S., 2023, praying for grant of special leave to challenge the judgment and order dated 24.03.2025 passed by the learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal in Criminal Case No. 2472 of 2023, Manish Kundaliya vs. Mamta Devi, whereby the accused/Respondent has been acquitted of the offence punishable under Section 138 of the N.I. Act, 1881. 4. After hearing learned counsel for the Appellant and upon perusal of the record, this Court finds sufficient grounds to grant leave. Accordingly, the Special Leave to Appeal is allowed and the Appeal is admitted. 5. Trial Court Record has been received. 6. Let the paper book be prepared and supplied to learned counsel for the parties, as per Rules. 7. Objections, if any, be filed by the Respondent. 8. List this case on 08.06.2026. (Ashish Naithani, J.) 27.04.2026 SB