Unknown vs State Of Uttarakhand And Another on 10 March, 2026

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    Uttarakhand High Court

    Unknown vs State Of Uttarakhand And Another on 10 March, 2026

                                                           2024:UHC:6580
    HIGH COURT OF UTTARAKHAND AT NAINITAL
     Criminal Misc. Application U/s 482 No. 861 of 2024
                            10th March, 2026
    
    Munnu Giri                                       ...........Applicant
                                   Versus
    
    State Of Uttarakhand and Another                .......Respondents
    
                                    With
    
     Criminal Misc. Application U/s 482 No. 920 of 2024
    
    Munnu Giri                                       ...........Applicant
                                   Versus
    
    State Of Uttarakhand and Another                .......Respondents
    
                                    With
    
     Criminal Misc. Application U/s 482 No. 930 of 2024
    
    Munnu Giri                                       ...........Applicant
                                   Versus
    
    State Of Uttarakhand and Another                .......Respondents
                                    With
    
    Criminal Misc. Application U/s 482 No. 1099 of 2024
    
    Munnu Giri alias Mannu Giri                     ...........Applicant
                                   Versus
    
    State Of Uttarakhand and Another                 .......Respondents
    ----------------------------------------------------------------------
    Presence:-
    Mr. Prem Kaushal, along with Ashish Jemini, learned counsel for
    the applicant.
    Mr. Dinesh Chauhan, learned Brief Holder for the State.
    Ms. Pushpa Joshi, learned Senior Counsel assisted by Ms.
    Manisha      Thakur,   learned     counsel     for      respondent
    no.2/complainant.
    ----------------------------------------------------------------------
    Hon'ble Mr. Alok Mahra, J.
    

    The present applications under Section 482

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    2024:UHC:6580
    Cr.P.C., being C-482 No. 861 of 2024 and C-482 No.

    SPONSORED

    1099 of 2024, have been filed seeking quashing of the

    order dated 21.11.2023 passed by the learned 1st

    Additional Civil Judge/Judicial Magistrate, Dehradun in

    Complaint Case No. 7292 of 2023 and Complaint Case

    No. 7291 of 2023, respectively, under Section 138 of the

    Negotiable Instruments Act, 1881. Further, C-482 No.

    920 of 2024 and C-482 No. 930 of 2024 have been filed

    seeking quashing of the orders dated 25.11.2023 and

    29.11.2023, respectively, passed by the learned 1st

    Additional Civil Judge/Judicial Magistrate, Dehradun in

    Complaint Case No. 7355 of 2023 and Complaint Case

    No. 7409 of 2023, under Section 138 of the Negotiable

    Instruments Act, 1881, along with the entire criminal

    proceedings of the aforesaid cases.

    2. Since a common question of law and fact is

    involved in all the four applications, relating to

    dishonour of cheques arising out of the same

    transaction between the same parties, the matters are

    being decided together by this common judgment.

    However, for the sake of brevity, the facts of C-482 No.

    861 of 2024 are being taken into consideration.

    3. Briefly stated, the facts of the case are that the

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    2024:UHC:6580
    applicant no.1 and respondent no.2 were both serving in

    the Border Security Force (BSF) and are stated to be

    close friends. It is alleged that the applicant had taken a

    friendly loan of ₹24,50,000/- from respondent no.2 with

    the assurance that the same would be returned along

    with profit amounting to ₹36,00,000/-. In order to

    secure the said amount, the applicant allegedly issued

    four cheques of ₹9,00,000/- each, totalling ₹36,00,000/,

    in favour of respondent no.2.

    4. It is further alleged that when the applicant

    failed to repay the said amount, respondent no.2

    presented the cheques before the concerned bank for

    encashment; however, the same were dishonoured with

    the remark “Exceeds Arrangement.” Thereafter,

    respondent no.2 issued legal notices under Section 138

    of the Negotiable Instruments Act and subsequently

    instituted complaint cases before the court concerned.

    The learned Magistrate, after considering the complaint

    and the affidavit filed under Section 200 Cr.P.C., took

    cognizance vide order dated 21.11.2023 and issued

    summons to the applicants.

    5. Learned counsel for the applicants would

    submit that the amount was received by the applicant

    3
    2024:UHC:6580
    from respondent no.2 for the purpose of investment in a

    land purchase transaction and that the cheques in

    question were issued merely as security cheques. It is

    further submitted that the applicant has already repaid

    the entire amount along with profit to respondent no.2

    and the dispute had already been settled between the

    parties. However, despite such settlement, respondent

    no.2 has misused the cheques and filed the present false

    complaints.

    6. It is further contended that the learned

    Magistrate has taken cognizance on the basis of the

    affidavit filed under Section 200 Cr.P.C., but while

    issuing the summoning order the court below has failed

    to comply with the mandatory provisions of Section 202

    Cr.P.C. It is submitted that since the applicants are

    residents of Haridwar, which is beyond the territorial

    jurisdiction of the court at Dehradun, the learned

    Magistrate ought to have conducted an inquiry or

    directed investigation under Section 202 Cr.P.C. prior to

    issuance of process.

    7. Per contra, learned senior counsel appearing

    for respondent no.2/complainant has vehemently

    opposed the submissions advanced on behalf of the

    4
    2024:UHC:6580
    applicants and submitted that respondent no.2 duly

    issued statutory notices with respect to all the four

    cheques, which were properly served upon the

    applicants. It is submitted that the plea of non-service of

    legal notice is incorrect. It is further submitted that

    Section 142(2)(b) of the Negotiable Instruments Act

    provides that the jurisdiction in respect of offences

    under Section 138 N.I. Act lies with the court within

    whose jurisdiction the branch of the bank where the

    payee or holder in due course maintains the account is

    situated, and therefore the court at Dehradun has

    proper jurisdiction to entertain the complaint.

    8. In rejoinder, learned counsel for the applicants

    submits that the Hon’ble Supreme Court in Suo Motu

    Writ Petition (Criminal) No. 2 of 2020 has reiterated that

    where the accused resides outside the territorial

    jurisdiction of the Magistrate concerned, holding of an

    inquiry under Section 202 Cr.P.C. prior to issuance of

    summons is mandatory, and the same cannot be

    dispensed with.

    9. Heard learned counsel for the parties and

    perused the material available on record.

    10. It is not in dispute between the parties that

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    2024:UHC:6580
    before issuance of summons to the applicants, who are

    residing outside the territorial jurisdiction of the court

    concerned, the procedure contemplated under Section

    202 Cr.P.C. has not been followed by the learned

    Magistrate. For better appreciation, Section 202 Cr.P.C.

    is reproduced hereinbelow:

    “202. Postponement of issue of process (1) Any
    Magistrate, on receipt of a complaint of an offence of
    which he is authorised to take cognizance or which
    has been made over to him under section 192, may, if
    he thinks fit and shall in a case where the accused is
    residing at a place beyond the area in which he
    exercises his jurisdiction, postpone the issue of
    process against the accused, and either inquire into
    the case himself or direct an investigation to be made
    by a police officer or by such other person as he
    thinks fit, for the purpose of deciding whether or not
    there is sufficient ground for proceeding:

    Provided that no such direction for
    investigation shall be made–

    (a) where it appears to the Magistrate that the
    offence complained of is triable exclusively by
    the Court of Sessions; or

    (b) where the complaint has not been made by a
    Court, unless the complainant and the
    witnesses present (if any) have been examined
    on oath under section 200.”

    11. A plain reading of Section 202 Cr.P.C. makes it

    evident that where the accused resides at a place

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    2024:UHC:6580
    beyond the territorial jurisdiction of the Magistrate, the

    Magistrate shall postpone issuance of process and

    conduct an inquiry himself or direct an investigation for

    the purpose of deciding whether sufficient grounds exist

    for proceeding against the accused.

    12. In the present case, the record reveals that the

    learned Magistrate has proceeded to issue summons

    against the applicants without conducting the

    mandatory inquiry under Section 202 Cr.P.C., despite

    the admitted fact that the applicants are residing

    outside the territorial jurisdiction of the court

    concerned.

    13. In view of the above, this Court is of the

    considered opinion that the summoning orders passed

    by the learned Magistrate suffer from procedural

    illegality, as the mandatory requirement of Section 202

    Cr.P.C. has not been complied with.

    14. Consequently, the impugned summoning

    orders passed in the aforesaid complaint cases are

    hereby set aside, and the matters are remanded back to

    the Trial Court to proceed afresh from the stage of

    inquiry as contemplated under Section 202 Cr.P.C.

    15. Considering the fact that the complaint cases

    7
    2024:UHC:6580
    were instituted in the year 2023, and in view of the

    mandate of Section 143 of the Negotiable Instruments

    Act, which requires that complaints under Section 138

    N.I. Act be decided expeditiously, the Trial Court is

    directed to conduct the inquiry under Section 202

    Cr.P.C. at the earliest and preferably within a period of

    six weeks from the date of communication of this order,

    and thereafter proceed with the complaint cases in

    accordance with law without granting unnecessary

    adjournments to either of the parties.

    16. In view of the aforesaid observations, all the

    applications under Section 482 Cr.P.C. stand disposed

    of accordingly.

    17. Pending applications, if any, also stand

    disposed of.

    (ALOK MAHRA,J.)
    10.03.2026
    Mamta

    MAM
    Digitally signed by MAMTA
    RANI
    DN: c=IN, o=HIGH COURT OF
    UTTARAKHAND, ou=HIGH
    COURT OF UTTARAKHAND,
    2.5.4.20=6a812005bebfcf46f

    TA
    244f3e584af1449e430ef900
    bf09a6d67ebbd642671329b,
    postalCode=263001,
    st=Uttarakhand,
    serialNumber=5de1751a4f1

    RANI
    d9cabfd54852c9e68911ca8b
    66dd26690a191648ab5d8dd
    004ef0, cn=MAMTA RANI
    Date: 2026.03.13 16:32:36
    +05’30’

    8



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