Kaliyar Steel Pipes Pvt. Ltd. v. C.R. Metals
Uttarakhand HCC482/161/2024
Case brief
AI extract
What is this about?
Vacation Judge allowed an amendment application to correct a typo in the applicant's name and directed the High Court to dispose of a bail application in a Section 138 case, referring to Satender Kumar Antil.
What did the court decide?
Amendment of name granted; applicants to appear before Trial Court by 15.02.2024 and Trial Court to proceed in light of Satender Kumar Antil.
What the court decided
AI extract
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| 1SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| C-482 No. 161 of 2024 with Stay Application No. 02 of 2024 Amendment Appl. No. 03 of 2024 Hon’ble Pankaj Purohit, J. |
|||
| 1. Ms. Sadaf, learned counsel for the applicant. 2. An amendment Application is moved by the learned counsel for the applicant stating therein that due to inadvertence, by a typographical mistake, the name of the husband of the applicant no.3 Shabana Hasan has wrongly been transcribed as Sajid Hussain which should have been typed asSajid Hasan. 3. Since the prayer of the amendment is quite innocuous, the same is granted. The applicant is permitted to supply the correct memo of parties to the Court during the course of day. 4. The applicants challenge the order dated 08.07.2022 whereby all the applicants have been summoned by the learned Trial Court in Criminal Complaint Case No.11 of 2022 under Section 138 of Negotiable Instruments Act, 1881 “ C.R. Metals vs. Kaliyar Steel Pipes Pvt. Ltd. 5. It is submitted by the learned counsel for the applicants that the cheque in question issued under the hand of ‘Sajid Hasan Sabari’ the Director and Signatory of the cheque but after the cheque having been dishonoured by the banker, all the directors of ‘Kaliyar Steel Pipes Pvt. Ltd.’ have been arrayed as an accused and summoned by the learned Trial Court. It is submitted by the learned counsel for the applicants that the applicant no.1 is aprivate limited firm and the |
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| cheque was issued by it to the |
|---|
| respondent/complainant C.R. Metals in security of transaction to be made between the parties. |
| 6. It is further submitted by the learned counsel for the applicants that despite service |
| upon the applicants, they could not put in appearance before the learned Trial Court due to medical condition of applicant no.2 and |
| consequently, after resorting to the bailable warrants and failure on the part of the applicants, |
| the Non Bailable Warrant was issued by the learned Trial Court. I do not find any substance in |
| the argument raised by the learned counsel on behalf of the applicant and the same is rejected. 7. It is further and finally submitted by the learned counsel for the applicants that the C482 application may be disposed of in the light of the judgment of**Satender Kumar Antil vs. Central Bureau of Investigation (2022) 10 SCC 51**. The applicants may be permitted to put in appearance before the learned Trial Court and the bail may be granted by the learned Trial Court in accordance with the mandate of the ‘Satender Kumar Antil’ |
| (Supra). |
| 8. The petition is finally disposed of. |
| Applicants are directed to put in appearance |
| before the learned Trial Court i.e. ACJM, |
| Rudrapur (U.S. Nagar) on or before 15.02.2024. |
| The trial Court is thereafter directed to proceed with the matter in accordance with the law and the guidelines enunciated in the aforesaid |
| judgment ‘Satender Kumar Antil’ (Supra). (Pankaj Purohit, J.) Vacation Judge 06.02.2024 Nahid/Kaushal |
Issues for consideration
2 issues framed by the court
AI extract
Whether to grant amendment to correct the name of a party in a criminal complaint under Section 138 NI Act.
Whether bail should be granted and direction given to appear before the trial court in a cheque dishonour matter.
Parties & counsel
AI extract
- appellant
Kaliyar Steel Pipes Pvt. Ltd.
- respondent
C.R. Metals
Coram
AI extract
Pankaj Purohit
Case details
As recorded by the court registry
- Court
- Uttarakhand HC
- Decided on
- · February
- Registered
- Case no.
- C482/161/2024
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