Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 507 (UTT)

NAVEEN KUMAR v. SAGAR BELWAL

C528/1303/2025 · 2026-05-18

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C528 No. 1300 of 2025 Alongwith C528 No. 1297 of 2025 C528 No. 1298 of 2025 C528 No. 1302 of 2025 C528 No. 1303 of 2025 Hon ’ble Alok Mah r a, J. Mr. Nandan Arya, Advocate for the applicants. Mr. Sanjay Raturi, learned counsel for the respondents. Heard learned counsel for the applicant. 2. Since, common question of law and facts are involved in all these criminal misc. applications filed under Section 528 of BNSS; they are being decided by the common judgment. However, for the sake of brevity, facts of C528 No. 1300 of 2025 are taken into consideration. 3. The present criminal misc. application has been filed by the applicant with a prayer to quash/ set-aside the entire proceedings of Complaint Case No. 4780 of 2024, pending in the court of learned Judicial Magistrate/ 1st Additional Civil Judge (Jr. Div.), Dehradun. 4. In this case, learned counsel for the applicant has taken a plea in his application inasmuch as in paragraph 8 of the application he has submitted that he had not issued any cheque in favour of the respondent, which were alleged to have been dishonoured and in the very next paragraph no. 9 of the application, he has submitted that the cheques were issued as security. Learned counsel for the applicant has further submitted that cheques given as security does not attract provisions of Section 138 of Negotiable Instruments Act, 1881. 5. To this, learned counsel for the respondent would submit that even the cheques issued for security attract the provisions of Section 138 of Negotiable Instruments Act, as held by Hon’ble Supreme Court. To support his case, learned counsel for the respondent has placed reliance upon a judgment passed by Hon’ble Supreme Court in the case of Dashrathbhai Trikambhai Patel Vs. Hitesh Mahendrabhai Patel and Another. 6. Heard learned counsel for the parties and perused the record. 7. Considering the submissions, under the facts and circumstances of the case, this Court is of the view that all the pleas raised by learned counsel the applicant before this Court can be raised in the trial before the learned Magistrate concerned. 8. Accordingly, all the criminal misc. applications fail and are hereby dismissed. ( Alok Mah r a, J.) 18.05.2026 Ujjwal