Authority: High Court of Uttarakhand at Nainital
Order Date: 14 August 2026
Case Overview
- Applicant: M/s Jaydee Infrastructure; Respondent: Mohit Batola.
- The dispute stems from Criminal Complaint Case No.2822 of 2020 filed under Section 138 of the Negotiable Instruments Act, 1881.
- Respondent challenged the summons, filed C482 No.1022 of 2022, dismissed by this Court on 04‑09‑2025.
- He then filed SLP (Crl.) No.17819 of 2025 before the Supreme Court, which dismissed the SLP on 17‑11‑2025, granting liberty to seek exemption from personal appearance.
- An exemption application dated 23‑12‑2025 was filed; respondent failed to appear, leading the trial court to issue a non‑bailable warrant on 14‑01‑2026.
- The warrant was set aside by the Sessions Judge on 20‑04‑2026, directing the trial court to consider the exemption application, which remains pending.
Final Outcome
- The High Court allowed application C528/529 and directed the learned trial court to expedite the hearing of Criminal Complaint Case No.2822 of 2020.
- The trial must be concluded within six months from the date of production of the certified copy of this order, and the trial court must take necessary steps to secure the respondent’s presence.
- All pending applications, if any, are disposed of.
Topics: Legal Procedure, Negotiable Instruments, Court Order