C528/225/2026
2026 Latest Caselaw 1204 UK

Uttarakhand High Court

C528/225/2026 on 18 February, 2026

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                               C528 No.225 of 2026
                               Hon'ble Alok Mahra, J.

Mr. Amit Kapri, Advocate for the applicant.

Mrs. Pushpa Bhatt, Additional Advocate General for the State of Uttarakhand.

2. Learned counsel for the applicant submits that a bare perusal of the F.I.R. and the charge-sheet would demonstrate that the allegations pertain to dishonour of three cheques allegedly issued by the applicant in favour of the complainant on account of insufficiency of funds. It is further submitted that the complainant has already instituted proceedings under Section 138 of the Negotiable Instruments Act, which are pending adjudication before the Court of Judicial Magistrate, Doiwala, District Dehradun, being registered as Complaint Case No. 39 of 2024. It is contended that the dispute between the parties is essentially civil in nature, arising out of an agreement purportedly executed for the purchase of a shop, which could not be performed owing to inter se disputes. Learned counsel argues that the essential ingredients of Section 420 I.P.C. are conspicuously absent, inasmuch as, there was no dishonest or fraudulent intention on the part of the applicant at the inception of the transaction, and therefore, continuation of the criminal proceedings would amount to abuse of the process of law.

3. Issue notice to respondent no.2, returnable at an early date.

4. List after service report is received. By that time, counter affidavit, if any, be filed.

5. Considering the submission advanced by learned counsel for the applicant, it is directed that, till the next date of listing, further proceedings of Criminal Case No.15 of 2026 pending in the Court of learned Judicial Magistrate (First Class), Srinagar, District Pauri Gahrwal, shall remain stayed.

6. Stay application (I.A. No.1 of 2026) stands disposed of.

(Alok Mahra, J.) 18.02.2026 Arpan