No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-528 No. 723 of 2024 Hon’ble Alok Mahra, J. Mr. Sagar Kohari, learned counsel for the applicants. 2. Mr. Chander Mohan Negi, (Director of the complainant Company), present in-person on behalf of the respondent. 3. The present Criminal Misc. Application under Section 528 of BNSS has been filed by the applicants challenging the summoning order dated 11.07.2024 passed by learned 3rd ACJM, Dehradun in Criminal Case No. 4823 of 2024, Menschlich Healthcare Pvt. Ltd. Vs. Shrinath Pharma and another, under Section 138 of Negotiable Instruments Act, 1882. Prayer has also been made to quash the entire proceedings arising out of the above criminal proceedings. 4. The main contention of learned counsel for the applicant is that firstly no inquiry, as contemplated, under Section 202 Cr.P.C. was held before issuing summons to the applicants. The second ground is that even as per the averments made in the notice dated 22.02.2024, the respondents have alleged that the entire liability is upon the partnership firm M/s Shrinath Pharma, but, the cheque which is alleged to have been dishonoured is issued in the name of applicant no.2. 5. Mr. Chander Mohan Negi, who is one of the Directors of the complainant Company and who has been duly authorized to appear on their behalf, has drawn attention of this Court to proviso (b) to Section 202 Cr.P.C., which is as hereunder:- “Provided that no such direction for investigation shall be made- where the complaint has not been made by a Court unless the complainant and the witness present (if any) have been examined on oath under Section 200.” 6. As per Mr. Chander Mohan Negi, the firm is only a dummy firm. Neither is it registered with CGST nor having its account and the whole transactions are done by the applicants. It is further submitted by the respondent that all the grounds raised by the applicants are available to be taken by them before the Magistrate. 7. This Court finds substance in the submission raised by learned counsel for the respondent. Whether applicants are guilty or not cannot be decided in this criminal misc. application and all the grounds raised by the applicants are available to be taken by them before the Magistrate. Hence, there is no scope for interference in the matter. 8. Thus, this Court does not find any reason to interfere with the impugned order. 9. Accordingly, the criminal misc. application fails and is hereby dismissed. (Alok Mahra J.) 11.02.2026 Ujjwal