Authority: Hon'ble Alok Mahra, J., Additional Chief Judicial Magistrate/IIIrd Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar
Order Date: 13-07-2026
Case Overview
- Applicants: M/s Shreeji Pharma Chem and another applicant.
- Respondent: State of Uttarakhand, represented by A.G.A. Sandeep Sharma.
- Criminal Case No. 2648 of 2025 dated 05.12.2025, instituted under Section 138 of the Negotiable Instruments Act, 1881.
- Summoning order dated 20.01.2026 issued by the Additional Chief Judicial Magistrate/IIIrd Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar.
- Applicants sought quashing of the complaint, contending that the cheques were not issued to discharge any legally enforceable debt, that a settlement had already been concluded in 2025, and that the allegations were false and fabricated.
Court Reasoning
- The court observed that the submissions relate to disputed questions of fact, including the existence of a legally enforceable debt and the circumstances of cheque issuance, which are matters of evidence.
- Such factual disputes cannot be adjudicated under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 at the stage of examining the legality of the summoning order.
- At the summoning stage, the court is required only to ascertain whether a prima facie case is made out based on the allegations and material placed in support; defenses are to be considered during the trial.
- Consequently, there is no ground for interference with the inherent jurisdiction of the court regarding the summoning order.
Final Outcome
- The criminal miscellaneous application is disposed of with no interference; the summons remains in force.
- The applicant is at liberty to raise all pleas before the trial court at the appropriate stage, where they will be considered on their merits.
Topics: Court Proceedings, Negotiable Instruments Act