Uttarakhand High Court
C482/106/2015 on 9 May, 2025
2025:UHC:3756
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C482 No.106 of 2015
Hon'ble Alok Mahra, J.
Mr. Chetan Joshi, Advocate for the
applicant.
Mr. Saurabh Kumar Pandey,
Advocate for the respondent.
2. In this criminal misc. application
under Section 482 Cr.P.C., applicant has
sought quashing of order dated
11.12.2014 and 23.12.2014 passed by
Special Judicial Magistrate, Haldwani,
District Nainital in Criminal Case No.1165
of 2013.
3. Earlier, a complaint was lodged by
the applicant against the respondent
under Section 138 of Negotiable
Instruments Act. Thereafter, statement
of the respondent was recorded under
Section 313 Cr.P.C., in which he took a
defence that the cheques were security/
guarantee cheques and he has made
payment of the cheque amount to one
Sri K.N. Joshi; that respondent submitted
some receipts before the Court with the
signature of Sri K.N. Joshi stating that
Sri K.N. Joshi had issued those receipts
in lieu of payment received by him
relating to the aforesaid cheques; that on
30.05.2014, applicant moved an
application requesting the Court below to
get the signatures on the receipts
investigated by a handwriting expert;
that on 25.06.2014, applicant moved an
application under Section 311 Cr.P.C.
with a prayer that the receipts submitted
by the respondent are false and
fabricated and the husband of the
2025:UHC:3756
applicant be summoned and his
statement be recorded; that on
11.12.2014, learned Special Judicial
Magistrate, Haldwani, District Nainital
rejected the said application; that on
23.12.2014, learned Special Judicial
Magistrate, Haldwani, District Nainital
also dismissed the application of the
applicant dated 23.12.2014. Hence, this
criminal misc. application.
4. I have perused the impugned orders
and have gone through the papers
available on record. Perusal of the
impugned orders passed by learned
Special Judicial Magistrate, Haldwani,
District Nainital reveals that he has
considered & discussed all relevant
aspects. Thus, the view taken by the
learned Special Judicial Magistrate,
Haldwani, District Nainital, cannot be
faulted.
5. Thus, this Court does not find any
reason to interfere with the impugned
orders.
6. Accordingly, the criminal misc.
application fails and is dismissed.
(Alok Mahra, J.)
09.05.2025
Arpan
ARPAN
Digitally signed by ARPAN JAISWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a
20dddb7393398f9fe45ba3e, postalCode=263001,
JAISWAL
st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C5109
CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN
JAISWAL
Date: 2025.05.09 17:58:49 +05’30’