2025:UHC:4101 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 626 of 2025 19 May, 2025 Prarthana Asthana --Applicant Versus State Of Uttarakhand & another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Vishal Rai, learned counsel holding brief of Mr. Rohit Arora, learned counsel for the applicant (appeared through V.C.). Mr. Akshay Latwal, learned AGA for the State. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of present C528 application, applicant has put to challenge the FIR No.51 of 2020 along with supplementary charge-sheet no.18B, dated 29.02.2024 and the summoning order dated 11.04.2025 issued by learned Special Sessions Court, Champawat, District Champawat in Sessions Trial No.13 of 2025, State vs. Prarthana Asthana. 2. The facts shorn-off unnecessary details in short are that respondent no.2 made a complaint against the applicant with the allegations that the Kamuna Credit Co-operative Society Limited (KCCSL) had been operating in Lohaghat since 2014 under the supervision of applicant and his team and they were responsible for disbursing loans and paying interest on fixed deposits and recurring deposits to members. It is further stated that at the time of filing of FIR, only an amount of Rs.7,00,000/- was pending. The complainant 1 2025:UHC:4101 who is operating the KCCSL office in Champawat also alleged that Members had invested their money in various schemes of Society and the remaining dues would be repaid to the Members as per their respective maturity dates. Pursuant to the above complaint, the Police registered the First Information Report No.51 of 2020 dated 04.10.2020 at P.S. Lohaghat, District Champawat. 3. After investigation, the charge-sheet was submitted by the police against the applicant on 24.05.2021. Thereafter, on 29.02.2024, a supplementary charge-sheet was filed in connection with the FIR No.51 of 2020. Thereupon, learned Special Sessions Judge, Champawat issued summons to the applicant on 11.04.2025 in Sessions Trial No.13 of 2025, State vs. Prarthana Asthana. 4. Heard learned counsel for the parties. 5. Learned counsel for the applicant submits that there is no iota of evidence in support of the allegations alleged in the FIR. He further submits that the nature of dispute raised by the complainant in the aforesaid FIR is purely civil and arbitral in nature, therefore, it cannot be the basis for initiating the criminal proceedings against the applicant. He also submits that the summoning order passed by learned Magistrate is wholly arbitrary, mechanical, and passed without proper application of judicial mind to the material available on record. 6. Per contra, learned State Counsel submits that applicant has committed an offence of cheating and the trial court after appreciating the evidence available on record has rightly summoned the applicant. 2 2025:UHC:4101 7. I have heard learned counsel for the parties and carefully perused the entire documents available on record. 8. From perusal of the FIR, prima facie, the commission of cognizable offence is made out against the applicant. Accordingly, no case is made out to interfere in the present C528 application and the same is dismissed in-limine. 9. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 19.05.2025 AK 3