2026:UHC:855 No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-528 No.2139 of 2025 Hon’ble Alok Mahra, J. Mr. Sanjay Kumar Chandel, learned counsel for the applicant. 2. Mr. K.S. Bora, learned Deputy A.G. along with Mr. Rakesh Negi, learned Brief Holder for the State. 3. Present C-528 application has been filed by the applicant seeking quashing of the impugned charge-sheet as well as the summoning/cognizance order dated 29.08.2024 passed by the learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No. 2273 of 2024, under Section 138 of the Negotiable Instruments Act, 1881. The applicant has also prayed for quashing of the entire criminal proceedings arising out of the said case. 4. Learned counsel for the applicant submits that the criminal proceedings are not sustainable in law; that, respondent no. 2 has falsely implicated the applicant by fabricating a story. It is further submitted that respondent no. 2 was running a “committee” scheme in which several persons used to deposit a fixed amount every month, and one member would receive the collected amount in turn; that, the applicant was also a member of certain committees run by respondent no. 2. According to the applicant, on the insistence of respondent 2026:UHC:855 no. 2, he handed over four blank signed cheques from his savings bank account as security in connection with the committee transactions. 5. It is further argued that respondent no. 2 misused the said blank cheques with dishonest intention in order to obtain illegal gain; that, there is no independent witness to support the alleged loan transaction of a huge amount, nor is there any documentary proof showing receipt of such amount by the applicant. It is also submitted that there were regular conversations between the applicant and respondent no. 2 on social media regarding the committee transactions, which, according to the applicant, demonstrate that no legally enforceable debt existed, therefore, the entire proceedings be quashed. 6. Per contra, learned State counsel has vehemently opposed the submissions advanced on behalf of the applicant. It is submitted that the power under Section 528 B.N.S.S. is an inherent power, which is to be exercised sparingly. It is further submitted that the present case involves disputed questions of fact relating to issuance of cheque, existence of legally enforceable debt, and alleged misuse of cheques, which can only be examined during trial on the basis of evidence. Therefore, it is contended that no interference is warranted at this preliminary stage. 7. Having considered the submissions 2026:UHC:855 advanced by learned counsel for the parties and perused the record, this Court finds that the issues raised by the applicant involve factual disputes which require appreciation of evidence. At this stage, no ground is made out for exercising inherent jurisdiction to quash the proceedings. 8. Accordingly, the C-528 application is hereby dismissed. 9. There shall be no order as to costs. (Alok Mahra J.) 12.02.2026 Mamta