Raj endra Mandola v. St at e of Ut t arakhand
Case Details
Acts & Sections
appear befor e t he Trial Court , leading t o t he issuance of a non- bailable warrant . The revisional court ’s or der prem at urely halt ed proceedings befor e t rial could com m ence and deprived t he com plainant of an opport unit y t o prove his case.
22. Ther e is no indicat ion of m ala fide or abuse of process by t he applicant . The com plaint was filed t im ely, aft er dishonour of t he cheque and service of legal not ice. The m er e pendency of a prior com plaint by t he respondent , w her e t he applicant was acquit t ed, does not det ract from t he present cause of act ion. Criminal Misc. Application No. 64 of 2018 – Rajendra Mandola vs. Naveen Kumar and Others. 5 Ashish Naithani J. 6
23. I n view of t he above, t his Court is of t he consider ed opinion t hat t he learned Sessions Judge overst epped t he bounds of revisional j urisdict ion. The elem ent s of Sect ion 138 NI Act —issuance of cheque, dishonour, service of not ice, and non- paym ent —are clearly sat isfied on record. The r espondent ’s defences r equire adj udicat ion at t rial, not in r evision.
24. Prem at ur e quashing of proceedings would st ifle t he st at ut ory right of t he com plainant and under m ine t he obj ect of t he N.I . An Act t hat aim s t o ensur e financial account abilit y and penal det err ence for dishonour ed cheques. ORDER I n view of t he foregoing analysis and findings, t he present Crim inal Miscellaneous Applicat ion under Sect ion 482 CrPC is allow ed. The j udgm ent and order dat ed 28.11.2017 passed by t he learned Dist rict and Sessions Judge, Pauri Gar hwal in Crim inal Revision No. 21 of 2017, w her eby t he sum m oning or der dat ed
24.10.2016 and t he non- bailable warrant dat ed 25.02.2017 passed by t he learned Addit ional Chief Judicial Magist rat e, Kot dwara, Dist rict Pauri Gar hwal in Com plaint Case No. 614 of 2016 wer e set aside, is her eby quashed. The sum m oning order dat ed 24.10.2016 and t he order issuing a non- bailable warrant dat ed 25.02.2017 are rest ored. Dt : 16.05.2025 SB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A SH I SH N A I TH A N I , J. Criminal Misc. Application No. 64 of 2018 – Rajendra Mandola vs. Naveen Kumar and Others. 6 Ashish Naithani J.