Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3756 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C482 No.106 of 2015 Hon’ble Alok Mahra, J.
Mr. Chetan Joshi, Advocate for the applicant.
Mr. Saurabh Kumar Pandey, Advocate for the respondent.
2. In this criminal misc. application under Section 482 Cr.P.C., applicant has sought quashing of
order dated 11.12.2014 and 23.12.2014 passed by Special Judicial Magistrate, Haldwani, District Nainital in Criminal Case No.1165 of 2013.
3. Earlier, a complaint was lodged by the applicant against the respondent under Section 138 of Negotiable Instruments Act. Thereafter, statement of the respondent was recorded under Section 313 Cr.P.C., in which he took a defence that the cheques were security/ guarantee cheques and he has made payment of the cheque amount to one Sri K.N. Joshi; that respondent submitted some receipts before the Court with the signature of Sri K.N. Joshi stating that Sri K.N. Joshi had issued those receipts in lieu of payment received by him relating to the aforesaid cheques; that on 30.05.2014, applicant moved an application requesting the Court below to get the signatures on the receipts investigated by a handwriting expert; that on 25.06.2014, applicant moved an application under Section 311 Cr.P.C. with a prayer that the receipts submitted by the respondent are false and fabricated and the husband of the
2025:UHC:3756 applicant be summoned and his statement be recorded; that on 11.12.2014, learned Special Judicial Magistrate, Haldwani, District Nainital rejected the said application; that on 23.12.2014, learned Special Judicial Magistrate, Haldwani, District Nainital also dismissed the application of the applicant dated 23.12.2014. Hence, this criminal misc. application.
4. I have perused the impugned orders and have gone through the papers available on record. Perusal of the impugned orders passed by learned Special Judicial Magistrate, Haldwani, District Nainital reveals that he has considered & discussed all relevant aspects. Thus, the view taken by the learned Special Judicial Magistrate, Haldwani, District Nainital, cannot be faulted.
5. Thus, this Court does not find any reason to interfere with the impugned orders.
6. Accordingly, the criminal misc. application fails and is dismissed.
(Alok Mahra, J.)
09.05.2025 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a 20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109 CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.05.09 17:58:49 +05'30'