BALJEET SINGH S/O LATE KULDEEP SINGH Vs. STATE OF UTTARAKHAND THOROUGH SECRETARY HOME AND SUNIL VERMA S/O RAMESHWARDAYAL VERMA

JUDGEMENT

(1.) THIS is a restoration application MCRC No. 150 of 2010, for restoration of criminal misc. application (C -482) No. 35 of 2010, which was dismissed for non prosecution on 04.03.2010.

(2.) HEARD and perused the affidavit accompanying the application. In view of principle of law laid down in Madhumilan Syntex Ltd. v. Union of India,, 2007 A.I.R.S.C.W, 1971, the restoration application is allowed on the condition that the petitioner/applicant shall argue the matter on the restored petition today itself. The application is allowed on the above condition. The Criminal Misc. Application (C -482) No. 35 of 2010 is restored to its original number.(Urgency application No. 1399 of 2010 stands disposed of).

(3.) THE petitioner has sought quashing of the proceedings of criminal complaint case No. 1105 of 2009, Sunil Verma v. Baljeet Singh, relating to offence punishable under Section 138, of the Negotiable Instruments Act, 1881, pending in the court of Chief Judicial Magistrate, Rudraprayag.