SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS C-5 2 8 No.1 0 2 0 of 2 0 2 6 Hon ’ble Alok Mah r a, J. Mr. Shailabh Pandey, learned counsel for the applicants. 2. Present C-528 application has been filed seeking to quash the summoning/cognizance order dated 06.12.2025 passed by the Court of the learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, as well as to set aside the entire proceedings of Criminal Case No. 1800 of 2025 under Section 138 of the Negotiable Instruments Act, pending before the said Court. 3. Learned counsel for the applicants submits that applicant no. 2, a designated partner of M/s Deep Drive Logistics LLP, a transport and logistics firm based in Hyderabad, Telangana, executed a Memorandum of Understanding (MoU) dated 19.12.2024 at Kashipur, Uttarakhand, with the respondent company through its Director; that, under the MoU, the respondent agreed to lease out a stone crushing unit along with 13 acres of land to the applicants for a period of three years; that, in compliance with the MoU, the applicants handed over three duly signed, blank, and undated cheques to the respondent; that, these cheques were given purely as security under the MoU and not in discharge of any legally enforceable debt or liability. However, the respondent allegedly misused the cheques by filling in exorbitant amounts and presenting them for encashment, which subsequently resulted in dishonour. 4. A perusal of the record reveals that the matter involves disputed questions of fact, which can only be adjudicated upon by leading evidence before the trial court and such issues cannot be decided in proceedings under the present C-528 application. 5. Learned counsel for the applicants further submits that a bailable warrant has been issued against the applicants, with the next date of hearing fixed as 16.05.2026. Since the applicants are residents of Telangana, it would not be possible for them to appear before the trial court on 16.05.2026, learned counsel, therefore, prays that the bailable warrant be kept in abeyance until 16.05.2026, assuring that the applicants will appear before the trial court on the next date fixed thereafter. 6. In view of the above submissions, the bailable warrant issued against the applicants is kept in abeyance only till 16.05.2026. The applicants shall positively appear before the trial court on the next date fixed. 7. Accordingly, the C-528 application stands disposed of. 8. It is made clear that if the applicants fail to appear before the trial court on the next date fixed after 16.05.2026, this order shall automatically stand vacated. ( Alok Mah r a, J.) 15.05.2026 Mamta