Uttarakhand High Court
SPLA/253/2024 of MAMTA RANA Vs STATE OF UTTARAKHAND on 21 July 2025
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS D- 42 SPLA No. 253 of 2024 With CRLA No. 307 of 2024 Hon’ble Ravindra Maithani, J. Mr. Maneesh Bisht, Advocate for the appellant. Mr. Vijay Khanduri,
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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS D- 42
SPLA No. 253 of 2024 With CRLA No. 307 of 2024 Hon’ble Ravindra Maithani, J.
Mr. Maneesh Bisht, Advocate for the appellant. Mr. Vijay Khanduri, Brief Holder for the State. The appellant proposes to challenge the acquittal of the respondent no. 2 under Section 138 of the Negotiable Instruments Act, 1881 (“the Act”), recorded in Criminal Case No. 2663 of 2020, Mamta Rana v. Jitendra Singh Rana, by the court of Judicial Magistrate, Khatima, on 30.04.2024. Heard on Special Leave to Appeal No. 253 of 2024. Learned counsel for the appellant submits that the private respondent has not disputed the genuineness of the cheque and has admitted that he had taken loan from the brother of the appellant and has also admitted that he has given Rs. 30,000/- in the court to the appellant. It is submitted that it amounts to admission of loan having been taken by the respondent no. 2; therefore, learned court below has wrongly held that the presumption under Section 139 of the Act has been rebutted. Reference has been made to various paragraphs of the impugned judgment and order. Having considered, the leave to appeal is granted. SPLA No. 253 of 2024 is allowed.
Heard on admission. Admit. Lower court record is already received. Issue notice to the respondent no. 2 returnable within six weeks. Steps to be taken within a week. List the criminal appeal after six weeks.
(Ravindra Maithani J.)
21.07.2025 Avneet/