Allowed¶1

Rajesh Grover v. M/S Verma Builders

Uttarakhand HC10 Feb 2026SPLA/11/2025

Case brief

AI extract

What is this about?

SPLA No. 11 of 2025 with CRLA No. 19 of 2025 (Ashish Naithani, J., order dated 10.02.2026): delay condonation (11 days, satisfactorily explained) and grant of Special Leave to Appeal to the Complainant against acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 by judgment and order dated 26.10.2024 of the Additional Chief Judicial Magistrate/Third Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar; Respondent personally served per office note dated 09.02.2026 but unrepresented and no objections filed; leave granted, application treated as Appeal and admitted; fresh notice ordered, steps within a week; listed 25.03.2026; Mr. Mani Kumar for the Appellant.

What did the court decide?

Delay of 11 days condoned and Delay Condonation Application allowed; Special Leave to Appeal granted; application treated as an Appeal and admitted; fresh notice directed to the Respondent with steps to be taken within a week; case listed on 25.03.2026.

SL. No. Dat e	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Sit	COURT’S OR JUDGE’S ORDERS
	gnaures	SPLA No. 11 of 2025 With CRLA No. 19 of 2025 Hon’ble Ashish Naithani, J.
		Mr. Mani Kumar, learned counsel for the Appellant. 2. Heard learned counsel for the parties.
		3. The matter is pending for consideration of the Delay Condonation Application.
		4. Notice was issued to the Respondent for filing objections.
		5. As per the office note dated 09.02.2026, the notice has been duly served upon the Respondent personally; however, there is no representation on behalf of the Respondent. 6. In view of the fact that despite sufficient service, no one has appeared on behalf of the Respondent and no objection to the Delay Condonation Application has been filed, and considering that the delay is only of 11 days and has been satisfactorily explained, the delay is hereby condoned. Accordingly, the Delay Condonation Application is allowed. 7. The present Application has been filed by the Complainant seeking Special Leave to Appeal against the judgment and order dated 26.10.2024, passed by the learned Additional Chief Judicial Magistrate/Third Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar, whereby the accused has been acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881.
		8. Having perused the impugned judgment, this Court is satisfied that the Appellant has made out a prima facie case warranting consideration.
		9. Special Leave to Appeal is granted. 10. The application is treated as an Appeal and is admitted.

11.	Though notice was earlier issued, the same was in regard
to the	Delay Condonation Application. Accordingly, notice shall
be iss week.	ued again to the Respondent. Steps shall be taken within a
12.	List this case on 25.03.2026.
Shiksha	(Ashish Naithani, J.) 10.02.2026

Rajesh Grover v. M/S Verma Builders

Case brief

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Rajesh Grover v. M/S Verma Builders

Case brief

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