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2026 DAILYLAW 372 (UTT)

SUSHILA PUNDIR v. STATE OF UTTARAKHAND

C528/632/2026 · 2026-04-08

Alok Mahra

body2026

Judgment text

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2026:UHC:2537 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.632 of 2026 Hon’ble Alok Mahra, J. Mr. Ravi Kant Mahajan and Ms. Irum Zeba, Advocates for the applicant. Mr. V.S. Pal, A.G.A. and Mr. Prabhat Kandpal, Brief Holder for the State of Uttarakhand. 2. The present application arises out of a complaint lodged by respondent no.3 alleging that he had paid a total sum of ₹11,57,000/- in cash to the applicant, her late husband, and her alleged nephew, namely Mr. Sushil Pundir, during the period from 09.02.2021 to 04.12.2021 in various instalments for the purpose of construction of a hotel at Balliwala Chowk, Dehradun, upon the assurance that after his retirement, respondent no.3 would be inducted as a partner in the said hotel. It is further alleged that after the retirement of respondent no.3, the partnership deed was not executed and the matter was delayed on one pretext or the other. Subsequently, on 29.01.2024, the nephew of the applicant allegedly refused to execute the partnership deed and extended threats to the complainant. After investigation, the learned Magistrate took cognizance and summoned the applicant. However, the applicant did not appear before the Court concerned. 3. As per the case set up by the applicant, she came to know about the summoning order dated 14.07.2025 for the first time on 25.11.2025. Thereafter, 2026:UHC:2537 she applied for a certified copy of the said order and preferred a Revision on 26.02.2026. The learned Sessions Judge, Dehradun, vide order dated 13.03.2026, dismissed the said Revision on the ground of delay of 136 days, holding that no sufficient explanation had been furnished for condonation of delay. Aggrieved thereby, the present application has been filed. 4. Learned counsel for the applicant, at this stage, submits that he is not pressing the other reliefs sought in the application at this stage and confines his prayer only to the extent that the Non- Bailable Warrants issued against the applicant on 06.03.2026 be kept in abeyance. It is further contended that the applicant undertakes to appear before the Court concerned on the next date fixed, i.e., 21.04.2026. 5. Considering the submissions made and without expressing any opinion on the merits of the case, it is directed that the Non-Bailable Warrants issued against the applicant shall remain in abeyance till 21.04.2026. It is made clear that in case the applicant fails to appear before the Court concerned on the aforesaid date, it shall be open to the Court below to proceed in accordance with law. 6. The criminal misc. application is, accordingly, disposed of. (Alok Mahra, J.) 08.04.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c048536 5445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D4 54C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.09 10:11:49 +05'30'