C482/1644/2014 of Farida Khatoon Vs State Of Uttarakhand AND ANOTHER

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Miscellaneous Application No. 1644 of 2014(Under Section 482 CrPC)

Farida Khatoon

Versus

…... Applicant

State of Uttarakhand & Another ….…Respondents

Hon’ble N.S. Dhanik, J.

Mr. Ramji Srivastava, Advocate, for the applicant.

Ms. Preeta Bhatt, Brief Holder, for the State.

Mr. Anil Dabral, Advocate, for the private respondent no. 2.

Admittedly, proceedings under Section 138 NI Act is pending between the parties before the competent Magistrate. It is the case of the applicant that she lost two blank signed cheques, for which she also lodged FIR. Two different persons, namely, Mehboob and Mohd. Farukh (respondent no. 2 herein), initiated two separate proceedings on the basis of these two cheques. Vide judgment and order dated 3.9.2014, passed in the Criminal Complaint Case No. 1829 of 2013 initiated by Mehboob, the trial court acquitted the applicant from the charge under Section 138 of N.I. Act. Thereafter the applicant moved an application (in the another case under the N.I. Act) with the prayer that the aforesaid judgment dated 3.9.2014 may be taken on record. Prior to this, the applicant had also moved an application with the prayer that the records of the Criminal Complaint Case No. 1829 of 2013 be summoned. The revisional court vide the impugned order dated 25.11.2014 rejected both the prayers of the applicant. Hence, this C482 petition.

Having heard learned Counsel for the parties and on perusal of materials on record, this Court is of the opinion that the impugned order does not suffer with any infirmity. Hence, no interference is called for and, consequently, this C482 petition is hereby dismissed.

As regards taking of documents on record, the revisional court has already observed that the applicant/revisionist may produce these documents in her defence during the course of trial.

(N.S. Dhanik, J.) 11.7.2019

Prabodh