Judgment reserved on: 19.06.2025 Judgment delivered on: 05.08.2025

HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application u/s 482 No.2464 of 2023

Bharat Singh .…..Applicant

Vs.

State of Uttarakhand and Another …..Respondents

Presence:

Mr. Nalin Saun, learned counsel for the applicant.

Mr. Shailendra Singh Chauhan, learned D.A.G. with Mr. Vikas Uniyal, learned Brief Holder for the State of Uttarakhand/

respondent No.1.

Mr. Sandeep Kothari, learned counsel for respondent No.2.

Hon’ble Pankaj Purohit, J. (Per)

By means for the present C482 application, the

applicant has put to challenge the proceedings of Execution Case No.13 of 2022 Rahul Panwar Vs. Bharat Singh, pending before the Court of learned Senior Civil Judge, New Tehri, Tehri Garhwal, arising out of Complaint Case No.1292 of 2021 Rahul Panwar Vs. Bharat Singh, pending before the Court of learned Chief Judicial Magistrate, Tehri Garhwal, New Tehri, under Section 138 of the Negotiable

Instruments Act (hereinafter referred to as ‘the Act’.

2. The brief facts of the case are that a monetary dispute arose between the applicant and respondent No.2 during the course of business, where they were jointly working as Contractors for perform