RAJESH JADLI SON OF SRI KISHAN CHAND, RESIDENT OF PATEL MARG JAMA BEHIND MASJID KOTDWAR Vs. M/S SIDHBALI MOTORS, NAJIBABAD ROAD, KOTDWAR GARHWAL THROUGH ITS PROPRIETOR SH. RAVINDRA SINGH CHAUHAN S/O SH. RAGHUNATH CHAUHAN
LAWS(UTN)-2012-1-56
HIGH COURT OF UTTARAKHAND
Decided on January 16,2012

Rajesh Jadli Son Of Sri Kishan Chand, Resident Of Patel Marg Jama Behind Masjid Kotdwar Appellant
VERSUS
M/S Sidhbali Motors, Najibabad Road, Kotdwar Garhwal Through Its Proprietor Sh. Ravindra Singh Chauhan S/O Sh. Raghunath Chauhan Respondents

JUDGEMENT

B.S.Verma, J. - (1.) (Urgency Application No. 142 of 2012)
(2.) 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).
(3.) 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.;


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