Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3031 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.76 of 2026 Hon’ble Alok Mahra, J.
Mr. Sagar Kothari, Advocate for the applicant.
Mr. Neeraj Garg, Advocate for the respondent.
2. An application was moved by the applicant on 14.07.2023 seeking a direction to summon the automated report of the respondent’s petrol pump from the Indian Oil Corporation, as well as to call for the G.S.T. records of the said petrol pump with a view to substantiate whether any credit memos pertaining to the petroleum products were reflected therein.
3. Per contra, learned counsel for the respondent has submitted that the said application preferred by the applicant was rejected by learned Court below vide
order dated 06.06.2025, and the revision preferred against the said order was also dismissed vide order dated 20.12.2025 by a competent Court. It is contended that both the orders are well-reasoned and categorical in holding that the documents sought to be summoned are neither relevant nor necessary for the just adjudication of the case. It has been rightly observed that even if the automated report is summoned, the same would not conclusively establish as to from which particular nozzle and in what quantity petrol/diesel was dispensed into a specific vehicle. Moreover, as regards the G.S.T. records, it has been rightly held that petrol and
2026:UHC:3031 diesel are outside the ambit of G.S.T., and, therefore, no such record would be available to substantiate the plea raised by the applicant.
4.
Learned counsel for the respondent has drawn attention of this Court to the records, wherein during the cross- examination of P.W.-1, a specific suggestion was put on behalf of the accused, which reads as under:
“िजरह अिभयुᲦ के िव᳇ान अिधवᲦा ᮰ी मिहमा शंकर सक्सैना कᳱ ओर से- यह कहना सही है ᳰक जो अिभयुᲦ ने मुझे चैक ᳰदये वह डीजल के भुगतान के एवज मᱶ ᳰदये है। मै दीपक अᮕवाल जी को मै जानता ᱠँ, हम दोनो एक ही क्लब मᱶ है। दीपक अᮕवाल जी कᳱ महेश एजᱶसीस के नाम से दुकान है िजसके वह ᮧोपराईटर है।”
5.
Learned counsel for the respondent submits that from the aforesaid suggestion, it is evident that the cheques in question were issued towards the payment of diesel supplied by the respondent, thereby indicating that the defence sought to be raised is already within the knowledge of the applicant and the same can be adjudicated on the basis of evidence already on record. The present application, therefore, appears to be an attempt to reopen issues which have already attained finality and to protract the proceedings unnecessarily.
6. Considering the aforesaid facts and circumstances, as well as the fact that the complaint pertains to the year 2020 and is still pending adjudication despite the directions of the Hon’ble Apex Court for expeditious disposal of such matters, this Court finds no merit in the present application. The same is, accordingly,
2026:UHC:3031 dismissed. Learned Magistrate is directed to conclude the trial within a period of two months’ from the date of production of a certified copy of this order.
(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=eabb68a3895e41937c266c23964c0485365445e3a20dd db7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98 7446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.23 18:04:21 +05'30'