2026:UHC:3400 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.1912 of 2025 Hon’ble Alok Mahra, J. Mr. Bilal Ahmed, Advocate for the applicant. 2. The present criminal miscellaneous application has been preferred by the applicant assailing the orders dated 28.05.2019 and 13.03.2019 passed by learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar, whereby cognizance has been taken and the applicant has been summoned to face trial for the offence punishable under Section 138 of the Negotiable Instruments Act. 3. The record reflects that the respondent instituted a complaint alleging dishonour of two cheques purportedly issued by the applicant. The learned Magistrate, upon due consideration of the complaint, the documents appended thereto and the statement of the complainant recorded under Section 200 Cr.P.C., found prima facie sufficient material to proceed against the applicant and accordingly issued summoning orders. 4. Learned counsel for the applicant has contended that the cheques in question were never issued in favour of the respondent and that the same were allegedly handed over to one Babbu for a different purpose, whose son was studying in the school run by the applicant’s wife. It is further submitted that the said cheques have been misused 2026:UHC:3400 by the respondent by way of overwriting and unauthorized presentation, particularly after the death of the said Babbu, and that the matter requires examination by a Forensic Science Laboratory. 5. Heard learned counsel for the applicant and perused the record. The aforesaid submissions pertain to disputed questions of fact, which cannot be adjudicated in proceedings of this nature. Whether the cheques were issued in discharge of a legally enforceable debt or liability, whether there has been any misuse or material alteration, and the evidentiary value of the writings on the cheques are all matters which require appreciation of evidence and can only be examined during the course of trial. At the stage of summoning, the Magistrate is only required to ascertain whether a prima facie case is made out, which in the present case stands duly satisfied from the material on record. 6. It is well settled that the inherent jurisdiction or revisional scrutiny is not to be exercised to stifle legitimate prosecution at the threshold, particularly when the allegations disclose the commission of an offence and the defence sought to be raised involves factual determination. The plea regarding forensic examination of the cheques is also a matter of defence, which the applicant is at liberty to raise before the trial Court at the appropriate stage. No jurisdictional error, illegality or perversity is demonstrated in the impugned orders passed by the learned Magistrate warranting interference by this Court. The summoning order reflects due application of mind and is based upon 2026:UHC:3400 sufficient material available on record. 7. Accordingly, the criminal misc. application, being devoid of merit, is dismissed. Applicant shall be at liberty to raise all his pleas before the trial Court. (Alok Mahra, J.) 05.05.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb 7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98744 6351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.05 17:54:58 +05'30'