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2024 Supreme(UK) 215

RAKESH THAPLIYAL
Vishnupal Singh Rawat – Appellant
Versus
Saurav Kumar Nautiyal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Niranjan Bhatt.

JUDGMENT :

RAKESH THAPLIYAL, J.

1. The instant Application has been preferred under Section 528 of Act No. 46 of 2023 for challenging the order dated 07.02.2024, as well as the order dated 08.02.2024 passed in Complaint Case No. 75 of 2024, Saurav Kumar Nautiyal Vs. Vishnupal Singh Rawat, which is a proceeding initiated on a complaint of the respondent under Section 138 of the Negotiable Instruments Act, pending in the Court of Judicial Magistrate, Uttarkashi. In addition to the aforesaid two orders, the applicant is also challenging the order dated 28.05.2024, passed by the Sessions Judge, Uttarkashi in Criminal Revision No. 11 of 2024.

2. Brief facts of the case are that a complaint was filed by the respondent under Section 138 of N.I. Act on 09.05.2023 in which the Judicial Magistrate/Civil Judge (Junior Division), Uttarkashi took cognizance and the present applicant was summoned.

3. Against the order dated 09.05.2023, a Revision, bearing Criminal Revision No. 17 of 2023 was also preferred by the applicant in the Court of Sessions Judge, Uttarkashi and the same was partly allowed and the order taking cognizance dated 09.05.2023 was set aside and the matter was remanded back to the t

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