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. 05 of 2026 With CRLA No. 07 of 2026 M/s Harshita Tiles and Marbles ....Appellant
Vs. State of Uttarakhand ......Respondent Hon’ble Ashish Naithani, J. Ms. Radha Arya, learned counsel for the Appellant.
2. Mr. Tilak Sharma, learned counsel for the Respondent.
3. Heard on the Delay Condonation Application.
4. For the reasons stated in the application, the delay is condoned. Accordingly, the Delay Condonation Application is allowed.
5. The present Leave to Appeal under Section 419(3) of the B.N.S.S., 2023 has been filed seeking grant of leave to appeal against the order of acquittal.
6. The Appellant has approached this Court challenging the
judgment of acquittal passed under Section 138 of the N.I. Act, 1881 by the learned Judicial Magistrate, IInd, Dehradun, dated
27.10.2025.
7. The Trial Court record has been summoned and received.
8. Heard learned counsel for the Appellant on the application for grant of leave to appeal.
9.
Learned counsel for the Appellant submits that the Trial Court has passed the order of acquittal on the basis of minor discrepancies, despite there being sufficient material on record in support of the complaint. At this stage, this Court finds that sufficient grounds exist for grant of leave to appeal. Accordingly, the Leave to Appeal is allowed.
10. Since the Trial Court record has already been received, let the
paper book be prepared and furnished to the learned counsel for the parties in accordance with the Rules.
11. The Respondent may file objections, if any.
12. List this case on 02.05.2026.
(Ashish Naithani, J.) 06.04.2026 Shiksha