Unknown vs Gauri on 17 April, 2025

Uttarakhand High Court

Unknown vs Gauri on 17 April, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes, reports,
                orders or proceedings
SL. No   Date     or directions and                                   COURT'S OR JUDGES'S ORDERS
                Registrar's order with
                     Signatures

                                         C528 No.463 of 2025
                                         Hon'ble Pankaj Purohit, J.

Mr. Yogesh Upadhyay, learned counsel for the applicant.

2. Mr. G.C. Joshi, learned AGA for the State.

3. Applicant before this Court is the complainant in
Complaint Case No.295 of 2017, Yogendra Upadhyay vs. Gauri
Sharma, under Section 138 of the Negotiable Instruments Act,
1881, pending before the Court of learned Additional Chief
Judicial Magistrate, Kashipur, District Udham Singh Nagar.

4. Applicant moved an application on 07.08.2024 under
Section 311 Cr.P.C. requesting the learned trial Court to
summon the Branch Manager of Punjab National Bank, Branch
Kankhal, District Haridwar along with the relevant documents in
respect of the cheque in-question before the Court as a
prosecution witness. The said application was rejected by
learned trial court vide order dated 18.09.2024 after hearing both
the parties and considering the objection filed by the respondent-
accused.

4. Applicant, feeling disgruntled, challenged the said order
by filing Criminal Revision No.187 of 2024, Vikram Singh
Rawat vs. State of Uttarakhand & another. The said revision
petition also met with the same fate of dismissal by judgment
and order dated 29.03.2025 passed by the Revisional Court, and
as a result, the order passed by the trial Court was affirmed.

5. It is feeling aggrieved by the judgments and orders passed
by learned trial court as well as the learned revisional court,
applicant is before this Court by filing present C528 application.

6. It is submitted by learned counsel for the applicant that in
order to prove that the cheque in question was signed by the
respondent-accused, the signature of the respondent no.2 on the
2

cheque should be matched with the signature of the accused in
his bank account, and for that purpose, the Branch Manager of
the Branch in question was required to be called with relevant
documents. The learned trial Court as well as the learned
Revisional Court has not considered this aspect in proper
manner. This Court finds force in the submission made by
learned Counsel for the applicant.

7. Issue notice to the respondent no.2, returnable within four
weeks.

8. Steps to be taken within a week.

9. List on 11.06.2025.

10. In the meantime, further proceedings of Criminal
Complaint Case No.295 of 2017, Yogendra Upadhyay vs. Gauri
Sharma, pending before the Court of Additional Chief Judicial
Magistrate, Kashipur, District Udham Singh Nagar shall remain
stayed.

(Pankaj Purohit, J.)
17.04.2025
AK