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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
SHARAD KUMAR SHARMA, J.
Ushamart Retailers Pvt. Ltd. and Another – Appellants
Versus
State of Uttarakhand and Another – Respondents
C482 Application Nos. 586, 587, 588, 589, 590, 591, 592, 593 of 2023
Decided On : 01-04-2023
Negotiable Instruments Act - Summoning Orders - Section 138 of the Negotiable Instruments Act of 1881 - [Section 138 of the Negotiable Instruments Act of 1881] - The court disposed of the C482 Applications in the light of the guidelines framed by the Hon’ble Apex Court in Satender Kumar Antil (supra) for 'A' category of offences, as it has been classified by the Hon’ble Apex Court and upon surrender of the applicants within a period of two weeks from today, their bail applications would be considered as per the guidelines given in Para 3(e) of the said judgment.
Fact of the Case:
The C482 Applications relate to summoning orders issued by the Court of Judicial Magistrate and the Court of Additional Chief Judicial Magistrate in Complaint Cases under Section 138 of the Negotiable Instruments Act of 1881.
Finding of the Court:
The court disposed of the C482 Applications in the light of the guidelines framed by the Hon’ble Apex Court in Satender Kumar Antil (supra) for 'A' category of offences, as it has been classified by the Hon’ble Apex Court and upon surrender of the applicants within a period of two weeks from today, their bail applications would be considered as per the guidelines given in Para 3(e) of the said judgment.
Issues: The legal issues argued and considered for the propriety of the summoning orders in relation to the proceedings under Section 138 of the Negotiable Instruments Act.
Ratio Decidendi: The court applied the guidelines framed by the Hon’ble Apex Court in Satender Kumar Antil (supra) for 'A' category of offences and allowed the applicants to resort to their remedy as available in relation to 'A' category of offences, as classified by the Hon’ble Apex Court.
Final Decision: The C482 Applications were disposed of in the light of the guidelines framed by the Hon’ble Apex Court in Satender Kumar Antil (supra) for 'A' category of offences, and the bail applications of the applicants would be considered upon surrender within a period of two weeks from the date of the judgment.
JUDGMENT :
SHARAD KUMAR SHARMA, J.
1. These are the eight C482 Applications, which are being sought to be disposed of in the light of the judgment of Satender Kumar Antil vs. Central Bureau of Investigation and Another, 2022 (10) SCC 51, particularly, in the light of the guidelines framed in para 3 (e) of the said judgment, in relation to the ‘A’ category of offences, which relates to the state cases, as well as to the complaint cases.
2. The details of the C482 Applications are as under:
(ii) C482 Application No. 587 of 2023, Ushamart Retailers Pvt. Ltd. and Another vs. State of Uttarakhand and Another. The challenge given by the applicants is to the summoning order dated 23.06.2022, as it has been issued by the Court of Judicial Magistrate (Senior Division), Vikas Nagar, District Dehradun, in Complaint Case No. 638 of 2022, Smt. Amarjeet Kaur vs. Ushamart Retailers Pvt. Ltd. and Others, whereby the cognizance have been taken to the proceedings under Section 138 of the Negotiable Instruments Act of 1881.
(iii) C482 Application No. 588 of 2023, Ushamart Retailers Pvt. Ltd. and Another vs. State of Uttarakhand and Another. The challenge given by the applicants is to the summoning order dated 23.06.2022, as it has been issued by the Court of Judicial Magistrate (Senior Division), Vikas Nagar, District Dehradun, in Complaint Case No. 640 of 2022, Smt. Arvinder Kaur vs. Ushamart Retailers Pvt. Ltd. and others, whereby the cognizance have been taken to the proceedings under Section 138 of the Negotiable Instruments Act of 1881.
(iv) C482 Application No. 589 of 2023, Ushamart Retailers Pvt. Ltd. and Others vs. State of Uttarakhand and Another. The challenge given by the applicants is to the summoning order dated 08.10.2020, as it has been issued by the Court of Additional Chief Judicial Magistrate, Vikas Nagar, District Dehradun, in Complaint Case No. 398 of 2020, Smt. Amarjit Kaur vs. Ushamart Retailers Pvt. Ltd. and others, whereby the cognizance have been taken to the proceedings under Section 138 of the Negotiable Instruments Act of 1881.
(v) C482 Application No. 590 of 2023, Ushamart Retailers Pvt. Ltd. and Others vs. State of Uttarakhand and Another. The challenge given by the applicants is to the summoning order dated 08.10.2020, as it has been issued by the Court of Additional Chief Judicial Magistrate, Vikas Nagar, District Dehradun, in Complaint Case No. 392 of 2020, Smt. Amarjit Kaur vs. Ushamart Retailers Pvt. Ltd. and others, whereby the cognizance have been taken to the proceedings under Section 138 of the Negotiable Instruments Act of 1881.
(vi) C482 Application No. 591 of 2023, Ushamart Retailers Pvt. Ltd. and Others vs. State of Uttarakhand and Another. The challenge given by the applicants is to the summoning order dated 08.10.2020, as it has been issued by the Court of Additional Chief Judicial Magistrate, Vikas Nagar, District Dehradun, in Complaint Case No. 402 of 2020, Smt. Arvinder Kaur vs. Ushamart Retailers Pvt. Ltd. and others, whereby the cognizance have been taken to the proceedings under Section 138 of the Negotiable Instruments Act of 1881.
(vii) C482 Application No. 592 of 2023, Ushamart Retailers Pvt. Ltd. and Others vs. State of Uttarakhand and Another. The challenge given by the applicants is to the summoning order dated 08.10.2020, as it has been issued by the Court of Additional Chief Judicial Magistrate, Vikas Nagar, District Dehradun, in Complaint Case No. 397 of 2020, Paramjeet Singh vs. Ush
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