HIGH COURT OF UTTARAKHAND
GAURAV AGARWAL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
Certainly. Based on the provided legal document, here are the key points:
The applicant, Gaurav Agarwal, filed a criminal miscellaneous application under Section 482 Cr.P.C. to challenge the proceedings related to a complaint case under Section 138 of the Negotiable Instrument Act (!) (!) .
The core issue involves two cheques that were reported lost by the applicant, who subsequently issued stop-payment instructions before the alleged date of issuance (!) (!) .
The bank confirmed that stop-payment instructions were executed before the cheques could be encashed, rendering the cheques invalid for presentation (!) .
The complaint was filed prior to the expiry of the statutory 15-day period for making payment after the statutory notice was issued, making the complaint premature and not maintainable (!) .
The statutory notice was allegedly dispatched to the applicant, but there is no proof of service such as acknowledgment due or postal receipt, raising questions about proper service (!) (!) .
The court observed that since the cheques were rendered incapable of encashment before the alleged date of issuance, no offence under Section 138 of the Negotiable Instrument Act was made out (!) .
The proceedings against the applicant were considered an abuse of process of law due to lack of a valid cause of action, and the complaint was dismissed (!) .
The court emphasized that the continuation of proceedings would be unwarranted given the facts, including the prior stop-payment instructions and the absence of proof of proper service of statutory notice (!) (!) .
The application under Section 482 Cr.P.C. was allowed, and the proceedings were quashed (!) .
Let me know if you need further analysis or assistance.
REPORTABLE
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application No.2431 of 2019
Gaurav Agarwal ………Applicant
Versus
State of Uttarakhand and another ………Respondents
Presence:-
Mr. Tapan Singh, Advocates for the applicant.
Mr. S.S. Chauhan, learned Deputy Advocate General for the State.
Mr. Mohd. Alauddin, Advocate for respondent no.2.
Judgment Reserved on 16.07.2025 Judgment deliverved on 26.09.2025
Hon'ble Pankaj Purohit, J. (Oral)
By means of present C482 application,
applicant has put to challenge the order dated 13.02.2017 as well as the entire proceedings of complaint case no. 26 of 2017, Sumit Kumar Vs. Gaurav Agarwal, pending in the court of learned Additional Chief Judicial Magistrate, Laksar, District Haridwar, under section 138 of the Negotiable Instrument Act, 1881 (for short “the
Act,1881”).
2. The brief facts of the case are that the applicant was maintaining a bank account in the Indian Overseas Bank, Srinagar Garhwal. Two cheques, bearing numbers 724483 and 724484, were lost while the applicant was at Nainital. The applicant immediately approached the Indian Overseas Bank, Nainital Branch, and on 12.07.2016, submitted an application requesting stoppage of payment in respe
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.