UKHC010119642026 2026:UHC:5709 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1486/2026 Hardev Associates --Applicant Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Mr. Mukesh Kumar Kapauwan, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned Additional Advocate General along with Mr. Deepak Bhardwaj learned Brief Holder for the State. 3. By means of the present C-528 application, the applicant has prayed for quashing the order dated 29.05.2023 passed by the learned Additional Chief Judicial Magistrate, Chamoli, District Chamoli in Criminal Complaint Case No. 186 of 2023 under Section 138 of the Negotiable Instruments Act, 1881, whereby a non-bailable warrant has been issued against the applicant. The applicant has also sought stay of the coercive proceedings initiated pursuant thereto, including the proclamation proceedings under Section 84 of the B.N.S.S. and the attachment proceedings under Section 85 of the B.N.S.S., subject to such terms and conditions as this Court may deem fit, including the applicant's appearance before the trial Court and furnishing of the requisite personal bond and sureties. 4. Learned counsel for the applicant would submit that the complainant instituted Criminal Complaint Case No. UKHC010119642026 2026:UHC:5709 186 of 2023 before the learned Chief Judicial Magistrate, Chamoli alleging commission of an offence under Section 138 of the Negotiable Instruments Act on the ground that two cheques issued by the applicant towards discharge of a legally enforceable liability, upon presentation for encashment, were dishonoured by the bank on account of "insufficient funds". He would further submit that the learned trial Court, vide order dated 29.05.2023, summoned the applicant to face trial under Section 138 of the Negotiable Instruments Act; that, thereafter, when the applicant could not appear before the Court concerned, a bailable warrant was issued, followed by a non-bailable warrant; that, subsequently, proclamation proceedings under Section 84 of the B.N.S.S. were initiated and, as reflected from the order dated 03.07.2026, the proclamation was duly affixed at the applicant's address; that, the matter is now fixed before the trial Court on 27.07.2026. 5. Learned counsel for the applicant would further submit that the applicant is ready and willing to appear before the learned trial Court on the next date fixed, i.e. 27.07.2026, and undertakes to participate in the proceedings. It is, therefore, prayed that the operation of the proclamation issued under Section 84 of the B.N.S.S. and the consequential attachment proceedings under Section 85 of the B.N.S.S. be stayed till the aforesaid date. 6. Learned State Counsel would oppose the prayer made on behalf of the applicant. However, he does not dispute that the matter before the learned trial Court is fixed on 27.07.2026. UKHC010119642026 2026:UHC:5709 7. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court is of the view that since the applicant has expressed willingness to appear before the learned trial Court on the next date fixed, the ends of justice would be served by granting limited protection to enable the applicant to appear before the Court concerned. 8. Accordingly, the present C-528 application is disposed of with a direction that the applicant shall positively appear before the learned trial Court on 27.07.2026, the next date fixed in Criminal Complaint Case No. 186 of 2023, and shall seek appropriate orders in accordance with law. 9. Till 27.07.2026, the operation of the proclamation proceedings under Section 84 of the B.N.S.S. and the consequential attachment proceedings under Section 85 of the B.N.S.S. in Criminal Complaint Case No. 186 of 2023 shall remain stayed. 10. It is made clear that in the event the applicant fails to appear before the learned trial Court on 27.07.2026, the interim protection granted by this order shall stand vacated automatically without any further reference to this Court, and it shall be open to the learned trial Court to proceed further in accordance with law. 11. Pending application(s), if any, shall also stand disposed of. (Alok Mahra J.) 13.07.2026 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=6a812005bebfcf46f 244f3e584af1449e430ef900 bf09a6d67ebbd642671329b , postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1 d9cabfd54852c9e68911ca8 b66dd26690a191648ab5d8 dd004ef0, cn=MAMTA RANI Date: 2026.07.13 17:52:46 +05'30'