Uttarakhand High Court
C528/1815/2026 of GOKUL DUTT OLI Vs STATE OF UTTARAKHAND on 17 August 2026
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010145782026 2026:UHC:7328 UKHC010145782026 C528/1815/2026 Gokul Dutt Oli --Applicant Versus State of Uttarakhand & another --Respondents
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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
UKHC010145782026
2026:UHC:7328
UKHC010145782026 C528/1815/2026 Gokul Dutt Oli --Applicant Versus State of Uttarakhand & another
--Respondents
Hon’ble Rakesh Thapliyal, J.
Ms. Neelima Mishra Joshi, learned counsel for the applicant.
2. Ms. Meenakshi Sharma, learned AGA, for the State of Uttarakhand/1.
3. Instant petition is preferred by the applicant – Shri Gokul Dutt Oli, under Section 528 of BNSS, 2023 who is facing the trial for the offences punishable under Section 138 of Negotiable Instruments Act in Criminal Case No.737 of 2022 pending in the court of Civil Judge (S.D.)/A.C.J.M, Khatima, District Udham Singh Nagar.
4. It is contended by the learned counsel for the applicant that the present applicant is a public servant and in fact the entire cheque amount has already been paid to the respondent/complainant, and the applicant could not appear before the Trial Court due to this impression that he already paid the entire cheque amount and even this fact has not been apprised by the complainant/respondent no.2, that he has received the entire cheque amount to the Trial Court. Now, the Trial Court has initiated the proceedings under Section 82 and 83 of CrPC vide orders dated 05.01.2026 and 20.03.2026 respectively.
5. Learned counsel for the applicant further apprised to this Court that Trial Court fixed the matter on 22.08.2026.
6. Let the applicant shall ensure his presence before the Trial Court on the next date fixed and take the plea that the entire cheque amount has already been paid to the complainant, and if such a plea is taken by the applicant the Trial Court may consider and examine it and take appropriate steps.
7. Since now the applicant is directed to appear before the learned Trial Court, the proceedings as initiated under Section 82 and 83 of CrPC vide orders dated 05.01.2026 and 20.03.2026, is kept in abeyance.
8. It is made clear that if the applicant fails to appear before the Trial Court on the next date fixed, then, in such an eventuality, the proceedings under Section 82 and 83 of CrPC, should automatically be revive.
9. Subject to the observations as above, the instant C528 application is disposed of finally.
(Rakesh Thapliyal, J.)
17.08.2026 Nitesh/