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High Court of Uttarakhand · body

2025 DAILYLAW 7712 (UTT)

SHRIMATI MEENA v. STATE OF UTTARAKHAND

C482/1055/2024 · 2025-03-03

Pankaj Purohit

body2025

Judgment text

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p SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C482 No.1055 of 2024 Hon’ble Pankaj Purohit, J. Mr. Aditya Pratap Singh, Advocate for the applicant, through video conferencing. 2. Mr. S.C. Dumka, A.G.A. with Ms. S.B. Dobhal, B.H. for the State. Delay Condonation Application (IA No.4 of 2025) 3. A delay condonation application has been filed by counsel for the applicant. 4. There is a delay of 104 days in filing the present restoration application. 5. For the reasons stated in the delay condonation application, the same is allowed. Restoration Application (MCC No.3 of 2025) 6. The restoration application has been moved by the applicant for recalling the order dated 03.03.2025, whereby the C482 application was dismissed for non-prosecution. 7. It is contended by learned counsel for the applicant that when the matter was taken up, he was not able to put in his appearance, in the matter, and the matter was dismissed for non-prosecution. 8. Learned counsel for the State has no objection, if the C482 application is restored to its original number, by recalling the order dated 03.03.2025. 9. Since reasons cited by the applicants are sufficient, the restoration application deserves to be allowed. 10. The order dated 03.03.2025 is hereby recalled and the C482 application is restored to its original number. C482 No.1055 of 2024 11. By means of the present C482 application, the 2 applicant has put to challenge the summoning order dated 06.04.2024, passed by learned Judicial Magistrate-I, Dehradun in Complaint/Criminal Case No.2284 of 2024, Gopal Mahndiratta Vs. Shrimati Meena filed under Section 138 of the N.I. Act, 1881. 12. Since there is jurisdiction of the High Court as well as the learned Sessions Judge to entertain a criminal revision against the impugned summoning order, therefore, this Court is not inclined to interfere in the matter. 13. The applicant is free to file a criminal revision against the summoning order before the learned Sessions Judge, Dehradun. 14. Accordingly C482 application is dismissed; however it is needless to say that the applicant may avail the remedy of revision before the learned Sessions Judge, Dehradun. (Pankaj Purohit, J.) 24.07.2025 SK