Disposed
Jognder Singh v. M/s Kundan Lal Pishori Lal and Another
Uttarakhand HCC482/10/2014
Case brief
from the order text
What is this about?
of 2014 Hon’ble V.K. Bist, J. Heard Mr. M.C.…
What the court decided
AI extract
of 2014 Hon’ble V.K. Bist, J. Heard Mr. M.C.…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C482 No. 10 of 2014
Hon’ble V.K. Bist, J.
Heard Mr. M.C. Kandpal, Senior Advocate with Mr. S.S. Chaudhary, Advocate for the petitioner and perused the record.
Instant petition has been field for quashing the proceedings of Criminal Complaint Case No. 1599/2012 (933/2008) under Section 420, 406, 34, 120-B I.P.C., pending before the Court of Civil Judge (Jr. Div.)/Judicial Magistrate, Rishikesh, District Dehradun.
Counsel for the petitioner submits that the complaint case was registered against the Company, namely, Aggressive Market India, Pvt. Ltd and the petitioner was working with the Company as Sales Head w.e.f. 19th May, 2007 and subsequently on 19.07.2007, the petitioner’s services were terminated and he is no more employee of said Company. It is further contended that, liability, if any, is of the said Company and the petitioner has wrongly been implicated in the case. It is further submitted that though notice was never served upon the petitioner, however order for issuing bailable warrant has been passed.
I have considered the submissions of the counsel for the petitioner. From perusal of the order sheet, it appears that when the petitioner did not appear before the Court concerned, order for issuance of bailable warrant was passed. In such view of the matter and in the interest of justice, the petition under Section 482 Cr.P.C. is disposed of by permitting the petitioner to appear before the Court below on the next date fixed. Till the next date fixed, order of issuance of bailable warrant against the petitioner, shall be kept in abeyance.
(V.K. Bist, J.) 03.01.2014
NCM:
1 issue framed by the court
Whether to quash criminal proceedings or permit petitioner to appear before the court below and keep the bailable warrant order abeyant.
2 provisions across 2 enactments
Petitioner
V.K. Bist
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court