2025:UHC:2844 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 21.04.2025 C528 No. 441 of 2025 Hon’ble Vivek Bharti Sharma, J. Mr. Mani Kumar, learned counsel for the petitioner. 2. This petition is filed to quash the impugned summoning order dated 01.04.2024 passed by learned Judicial Magistrate/Civil Judge, Kiccha, District Udham Singh Nagar in Criminal Case No. 07 of 2024, whereby the present petitioner/accused was summoned to face the trial under Section 138 of the Negotiable Instruments Act. 3. Learned counsel for the petitioner/accused would submit that the dispute is related to the money transaction between the petitioner/accused and respondent/complainant; that, respondent no.2/complainant had sold a ten tyres truck and a dumper to the petitioner/accused; that, the petitioner/accused had also given two cheques and four stamps to the respondent/complainant to secure the amount; that, thereafter, the respondent/complainant presented the said cheque before the bank, which was dishonoured by the bank with the remarks ‘insufficient funds’, therefore, the respondent/complainant had filed complaint under Section 138 of the Negotiable Instruments Act against the petitioner/accused. He would further submit that the compromise deed was also executed between the petitioner and the respondent but the respondent did not fulfil the terms and conditions of the compromise deed, therefore, the entire proceedings are liable to be quashed. 4. Perusal of the complaint would show that the complaint does not say that the cheques were given to secure the amount of the sale of the 2025:UHC:2844 truck and the dumper to the respondent/complainant; that, the submissions made by counsel for the petitioner/accused and the documents relied upon in support of the same are the matter of evidence to be seen during trial and same cannot be appreciated in the petition under Section 528 B.N.S.S., therefore, this Court is of the considered view that the petitioner is not entitled for any relief. 5. At this stage, learned counsel for the petitioner/accused seeks permission to withdraw the present petition with liberty to approach the trial court for redressal of his grievance. 6. Permission is granted. 7. Accordingly, the petition is dismissed as withdrawn with liberty as above. 8. The petitioner/accused is directed to appear before the concerned trial court on 25.04.2025 at 10.30 A.M. 9. Learned counsel for the petitioner/accused is requested to inform the petitioner about the same. 10. No notice is needed to be served upon the petitioner for his appearance before the trial court. 11. Let a copy of the order be sent to the court concerned for information/necessary compliance. (Vivek Bharti Sharma, J.) 21.04.2025 Mamta 2025:UHC:2844