2026:UHC:3745 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 C528 No.1015 of 2026 Hon ’ble Alok Mah r a, J. Mohd. Safdar, Advocate for the applicant. 2. The present criminal miscellaneous application has been preferred by the applicant assailing the 09.10.2025 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 under Section 138 of the Negotiable Instruments Act alleging dishonour of a cheque purportedly issued by the applicant towards discharge of a legally enforceable liability. Learned Magistrate, upon due consideration of the complaint, the documents annexed therewith, and the statement of the complainant, found prima facie sufficient grounds to proceed against the applicant and accordingly passed the impugned summoning order. 4. Learned counsel for the applicant has contended that the cheque in question was handed over as a blank signed security cheque at the time of availing the loan facility and was never issued in discharge of any subsisting liability. It is further submitted that the respondent–Finance Company, without prior intimation to the applicant, misused the said cheque by presenting the same for encashment. 5. Heard learned counsel for the applicant and perused the material brought on record. The submissions advanced on behalf of the applicant pertain to disputed questions of fact, which cannot be adjudicated in proceedings of the present nature. Whether the cheque was issued towards discharge of a legally enforceable debt or liability, whether it was issued merely as a security cheque, and 2026:UHC:3745 whether there has been any misuse or unauthorized presentation of the cheque are matters requiring appreciation of oral and documentary evidence, which can only be undertaken during the course of trial. 6. At the stage of issuance of process, the learned Magistrate is only required to examine whether a prima facie case is made out on the basis of the allegations contained in the complaint and the material accompanying it. A meticulous appreciation of defence evidence or adjudication upon disputed factual issues is impermissible at such preliminary stage. From the material available on record, this Court finds that the learned Magistrate has rightly recorded satisfaction regarding existence of sufficient grounds for proceeding against the applicant. 7. It is well settled that inherent or revisional jurisdiction is not to be exercised so as to stifle a legitimate prosecution at the threshold, particularly when the allegations, on their face, disclose commission of an offence and the defence sought to be raised involves factual determination. The pleas raised by the applicant constitute matters of defence, which may appropriately be examined by the trial Court after the parties lead evidence. No jurisdictional error, manifest illegality, procedural irregularity, or perversity could be demonstrated in the impugned summoning order or the proceedings arising therefrom warranting interference by this Court. The impugned order reflects due application of judicial mind and is based upon material sufficient for summoning the applicant. 8. Accordingly, the present criminal miscellaneous application, being devoid of merit, is hereby dismissed. However, it is observed that the applicant shall be at liberty to raise all permissible pleas and defences before the trial Court at the appropriate stage, in accordance with law. ( Alok Mah r a, J.) 15.05.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20 dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB 987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.15 16:15:37 +05'30'