2026:UHC:1573 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS C5 2 8 / 3 3 5 / 2 0 2 6 Hon ’ble Alok Mah r a, J. Mr. Prince Chauhan, learned counsel for the applicant. 2. Present C-528 application has been filed to quash the order dated 05.12.2025 passed by the learned Judicial Magistrate, Rudrapur, District Udham Singh Nagar in Criminal Complaint Case/Criminal Case No. 4912 of 2020 under Section 138 of the Negotiable Instruments Act. 3. Learned counsel for the applicant would submit that the applicant had taken a friendly loan from the respondent and had issued a cheque as security; that, due to financial crisis, the applicant could not repay the loan amount and, consequently, the respondent filed a criminal complaint bearing Criminal Complaint Case No. 4912 of 2022 before the learned Judicial Magistrate, Rudrapur, District Udham Singh Nagar under Section 138 of the Negotiable Instruments Act. 4. He would further submit that the complainant led his evidence and thereafter the statement of the applicant under Section 313 Cr.P.C. was recorded, after which the matter was fixed for defence evidence. He 2026:UHC:1573 would submit that on the date fixed for defence evidence, due to bona fide reasons, the defence evidence could not be concluded by the applicant, and the court below, without granting reasonable opportunity, closed the opportunity of the applicant to lead defence evidence vide order dated 05.12.2025. Hence, the present application. 5. Learned counsel for the applicant would further submit that the impugned order has caused serious prejudice to the applicant; that, during the pendency of the complaint case, the applicant has already paid a sum of ₹2,00,000/- to the complainant. He would submit that if the opportunity to lead defence evidence is not restored, the applicant would be deprived of producing material and relevant documentary evidence, including certified bank statements, to substantiate the repayment of ₹2,00,000/- to the respondent/ complainant; that, such evidence goes to the root of the matter and is essential for just adjudication of the case. Therefore, he prayed that at least one opportunity be granted to the applicant to lead defence evidence. 6. Perusal of the impugned order dated 05.12.2026 would reveal that the court below has given adequate opportunity to the applicant to lead 2026:UHC:1573 evidence; therefore, this Court does not find any illegality in the impugned order. However, in the interest of justice, one more opportunity is granted to the applicant to lead defence evidence, albeit on payment of costs of ₹10,000/-, which shall be deposited in the account of the Uttarakhand High Court Bar Association within a period of one week. 7. Accordingly, the impugned order dated 05.12.2025 is set aside. The present C-528 application is allowed with the aforesaid condition, and the concerned court below is directed to grant one opportunity to the applicant to lead defence evidence, without granting any unnecessary adjournment. 8. Pending applications, if any, shall also stand disposed of. 3. ( Alok Mahr a, J.) 11.03.2026 Mamta MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46 f244f3e584af1449e430ef90 0bf09a6d67ebbd642671329 b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1 d9cabfd54852c9e68911ca8 b66dd26690a191648ab5d8 dd004ef0, cn=MAMTA RANI Date: 2026.03.13 16:49:04 +05'30'