2026:UHC:4877 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1338/2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Sanjay Kumar Chandel, learned Counsel with Mr. Nikhil Kushwaha, learned counsel for the applicant. 2. Ms. Meenakshi Sharma, learned A.G.A. for the State. 3. The instant petition has been preferred by the applicant Hunny Verma under Section 528 of BNSS 2023 challenging the proceeding of complaint case no. 3471 of 2022, Irshad vs. Hunny Verma which is a proceeding under Section 138 of the Negotiable Instruments Act pending in the court of Judicial Magistrate Ist, Haridwar. 4. It is argued by the learned counsel for the applicant that in fact cheques in question were misused by the respondent/complainant which, in fact, he has given as a security for supply of building materials and not against the payment towards the construction work. He submits that the present applicant in response to the demand notice gave all details in his response despite this complainant/respondent filed a complaint under Section 138 of the N.I. Act. 5. Admittedly, on the complaint, the trial court already took cognizance and summoned the applicant, therefore, all the pleas whether cheques in question were security cheque or not are the subject matter of the trial. On such plea, the proceedings cannot be quashed under Section 528 of BNSS 2023. The applicant is therefore free to take all defence pleas before the trial court. 6. In such view of the matter, I do not find any substance in the instant petition and the same is dismissed being devoid of merit. (Rakesh Thapliyal, J.) 16.06.2026 Parul 2026:UHC:4877