DEEP NARAIN Vs. SANJAY KUMAR CHAUHAN

JUDGEMENT

(1.) THIS Criminal Misc. Application was dismissed for non- prosecution on 29.7.2010. Now a restoration application being No.724/10 has been filed by the applicant for recalling the order dated 29.7.2010 and to restore the present application to its original number.

(2.) THE grounds shown in the restoration application seem to be bona fide. Restoration application is allowed. Order dated 29.7.2010 is recalled. The Criminal Misc. Application is restored to its original number. In view of the law laid down in Madhumilan Syntex Ltd. and others v. Union of India and another reported in 2007 AIR SCW 1971. the matter is liable to be heard and disposed of at this stage itself.

(3.) THIS Criminal Misc. Application under Section 482 of Cr. P. C. has been filed challenging order dated 7.5.2007, summoning order dated 28.6.2007 and subsequent proceedings in Criminal Case No.1252 of 2008 Sanjay Kumar Chauhan v. Deep Narain under Section 138 of the Negotiable Instruments Act, 1881 pending before the court of Additional Chief Judicial Magistrate, 1st, Dehradun.