2026:UHC:2982 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.768 of 2026 Hon’ble Alok Mahra, J. Mr. Pawan Mishra, Advocate for the applicant. 2. The applicant has challenged the summoning order dated 02.05.2024 passed in Criminal Case No. 376 of 2025 under Section 138 of the Negotiable Instruments Act. 3. The principal contention advanced by learned counsel for the applicant is that the applicant was residing beyond the territorial jurisdiction of the learned Magistrate concerned and, therefore, in view of Section 202 Cr.P.C., it was incumbent upon the Magistrate to conduct an inquiry or direct investigation prior to issuance of summons. 4. Upon perusal of the impugned summoning order as well as the material brought on record, including the complaint, statement under Section 200 Cr.P.C., and supporting documents, this Court finds that the learned Magistrate has duly applied judicial mind while taking cognizance. The order reflects due satisfaction regarding the existence of a prima facie case under Section 138 of the N.I. Act. Moreover, the object of Section 202 Cr.P.C. is to prevent issuance of process in a mechanical manner. However, non-recording of elaborate reasons or a detailed inquiry would not vitiate the summoning order when sufficient material exists on record to proceed. In the present case, the 2026:UHC:2982 Magistrate has considered the relevant material and has proceeded in accordance with law. 5. It is also settled that at the stage of summoning, a detailed appreciation of evidence is not required, and only a prima facie case is to be seen. The pleas raised by the applicant pertain to disputed questions of fact, which cannot be adjudicated in proceedings under Section 528 B.N.S.S. and are more appropriately to be considered during trial. 6. In view of the aforesaid, this Court does not find any illegality, perversity, or jurisdictional error in the impugned summoning order warranting interference. 7. Accordingly, the present criminal miscellaneous application, being devoid of merits, is liable to be dismissed and is hereby dismissed. It shall, however, be open to the applicant to raise all permissible grounds before the trial court at the appropriate stage, in accordance with law. (Alok Mahra, J.) 23.04.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb73 93398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446 351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.23 18:07:05 +05'30'