2026:UHC:3346 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/874/2026 Hon’ble Alok Mahra, J. Mr. Bhuwnesh Joshi, learned counsel for the applicant. 2. Present C-528 application has been filed seeking quashing of the summoning order dated 17.10.2020 as well as the entire proceedings of Complaint Case No. 2411 of 2020, under Section 138 of the Negotiable Instruments Act, pending before the Court of learned Additional Civil Judge (J.D.)/Judicial Magistrate, Khatima, District Udham Singh Nagar. A further prayer has been made for quashing the orders whereby non-bailable warrants have been issued against the applicant. 3. Learned counsel for the applicant would submit that the complaint has been filed alleging that the applicant had purchased goods on credit from the complainant on various dates and failed to make payment, and that a cheque allegedly issued by the applicant was dishonoured on presentation due to insufficiency of funds. It is further submitted that, pursuant to the dishonour, a legal notice was issued and thereafter the learned Magistrate, vide order dated 17.10.2020, summoned the applicant to face trial. 4. It is contended that the summoning order is illegal and the entire proceedings are an abuse of process of law inasmuch 2026:UHC:3346 as the applicant had already closed his business as well as the bank account in question in the year 2018–2019, much prior to the alleged issuance of cheque dated 20.02.2020. It is further submitted that all outstanding dues, if any, had already been cleared at the time of closure of business and that the cheque in question has been misused by the complainant, having been retained during prior business dealings. It is also argued that there is no documentary evidence to substantiate the alleged liability. 5. Learned counsel further submits that summons were never served upon the applicant and only in the second week of April, 2026, the applicant came to know about the pendency of the proceedings and issuance of non-bailable warrants. It is submitted that the applicant undertakes to appear before the court below on the next date fixed, i.e., 20.05.2026, and therefore the operation of the non-bailable warrants deserves to be kept in abeyance till then. 6. Heard learned counsel for the applicant and perused the material available on record. 7. At this stage, it is evident that the proceedings arise out of a complaint under Section 138 of the Negotiable Instruments Act, wherein a statutory presumption under Sections 118 and 139 of the Act operates in favour of the holder of the cheque. Such presumption is, however, rebuttable and the defence sought to be raised by the applicant pertains to disputed questions of fact, which cannot 2026:UHC:3346 be adjudicated in proceedings under Section 482 Cr.P.C. In view thereof, no ground is made out for quashing of the summoning order or the entire proceedings. 8. However, considering the submission that the applicant had no knowledge of the proceedings and is now willing to appear before the court below, it is directed that the non-bailable warrants issued against the applicant shall remain in abeyance till 20.05.2026, subject to the condition that the applicant shall appear before the Court of learned Additional Civil Judge (J.D.)/Judicial Magistrate, Khatima, District Udham Singh Nagar on the said date at 10:30 A.M. and shall move appropriate application in accordance with law. 9. It is made clear that in the event of failure of the applicant to appear on the aforesaid date, this protection shall stand automatically vacated and the court below shall be at liberty to proceed in accordance with law. 10. Accordingly, the present application stands disposed of. 11. Pending applications, if any, also stand disposed of. (Alok Mahra, J.) 02.05.2026 Mamta MAMTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584af1449e430ef9 00bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54852c9e68911ca 8b66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.05.05 10:20:08 +05'30' 2026:UHC:3346