Rajesh Jadli vs M/s Sidhbali Motors

Hon''ble B.S.Verma, J.

(Urgency Application No. 142 of 2012)

By means of this application, the applicant has prayed that the order dated 6-1-2012 passed by the Additional District and Sessions Judge Kotdwar Garhwal in Criminal Appeal No. 9 of 2010, Rajesh Jadli Vs. State and others be quashed and to allow the application, paper no. 27-Ka moved by the applicant for obtaining the report from the handwriting expert in respect of the disputed cheque. The applicant has further prayed that the proceedings in Criminal Appeal No. 9 of 2010 may be stayed.

So far as the first relief for recalling the order for issuance of non-bailable warrant of arrest is concerned, the learned counsel for the applicant has contended that the learned Additional Sessions Judge has misread the application treating the same for Samapt (termination of proceedings) instead of Samayat (hearing).

It appears from a perusal of the impugned order dated 6-1-2012 that the application for exemption through counsel was dismissed by the learned Additional Sessions Judge on the ground that the appellant has prayed for termination of proceedings as well as has sought exemption from personal appearance and the other application moved by the applicant-appellant has also been dismissed for obtaining the report of the handwriting expert.

So far as the prayer for recall of the non-bailable warrant issued by the appellate court is concerned, the order has been passed by the said Court on wrong assumption treating the application for termination of the proceedings, as submitted by the learned counsel for the applicant, therefore, the order for issuance of non-bailable warrant of arrest against the applicant-appellant shall be kept in abeyance till the next date fixed by the appellate Court, i.e. 18-1-2012.

So far as the second prayer for sending the cheque for opinion of the handwriting expert is concerned, the same is misconceived and is liable to be dismissed.

The C482 application is accordingly dismissed. However, so far as the order for issuance of non-bailable warrant is concerned, the same shall be kept in abeyance till the next date fixed i.e. 18-1-2012.

The urgency application stands disposed of accordingly.

A certified copy of this order be issued to the learned counsel for the applicant today on payment of usual charges.