2025:UHC:3 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application (u/s 528) No.1029 of 2024 02 January, 2024 Naveen Pratap Singh --Applicant Versus Shamim Ahmad --Respondent ---------------------------------------------------------------------- Presence:- Mr. Pankaj Kumar Sharma, learned counsel for the applicant. Hon’ble Pankaj Purohit, J. (Oral) By means of this C528 application, applicant has challenged the order dated 04.10.2024 passed by learned Fourth Additional Chief Judicial Magistrate, Dehradun in Complaint Case No.4819 of 2013 Shamim Ahmad Vs. Naveen Pratap Singh, for the offence punishable under Section 138 of the Negotiable Instrument (N.I.) Act 188, whereby, the non-bailable warrant was issued against the applicant as well as the order dated 21.11.2024 passed by learned Fourth Additional Chief Judicial Magistrate, Dehradun in the aforesaid complaint case, whereby, the learned trial court has sent the copy of the order of issuance of non-bailable warrant to the office of Senior Superintendent of Police, Haridwar for the execution of the summon and directed the applicant to put in appearance on 21.12.2024. 2. From the order impugned, it is reflected that the present complaint case filed under Section 138 of the N.I. Act was filed by the respondent- complainant on 16.07.2011, and despite issuance of 2025:UHC:3 2 non-bailable warrant w.e.f. 05.04.2022 and issuance of proceedings under Section 83 of Cr.P.C. dated 19.02.2024, the appearance of the applicant could not be ensured. 3. Learned counsel for the applicant submits that there was a settlement arrived at between the parties and according to the said settlement, one of the cases under Section 138 of the N.I. Act was withdrawn, while the present one is pending before the learned trial court and the applicant did not appear before the learned trial court on the assumption that the said case will also be withdrawn by the complainant. 4. Having heard learned counsel for the applicant, this Court is not inclined to interfere in the matter, as the applicant is a person, who has no respect towards the order passed by the Court, and since 2011, the complaint is pending; NBW was issued against the applicant w.e.f. 05.04.2022 and strict order was passed by the learned Magistrate on 21.11.2024 for execution of the NBW. Accordingly, no interference is required by this Court at this stage. 5. In this view of the matter, the present C528 applicant is dismissed in-limine. 6. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 02.01.2025 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c164 32f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9 229D5BF08D959AC, cn=PREETI NEGI Date: 2025.01.02 16:25:36 +05'30'