Uttarakhand High Court
C528/1601/2026 of DEVESH SONI Vs ARUN KUMAR SHARMA on 27 July 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1601/2026 Devesh Soni --Applicant Versus Arun Kumar Sharma --Respondent Hon’ble Rakesh Thapliyal, J. 1. Mr. Shariq Khurshid,
UKHC010129992026
2026:UHC:6400
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
COURT’S OR JUDGE’S ORDERS
C528/1601/2026
Devesh Soni
--Applicant
Versus
Arun Kumar Sharma
--Respondent
Hon’ble Rakesh Thapliyal, J.
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1. Mr. Shariq Khurshid, learned counsel for the applicant.
2. By the instant petition preferred by the present applicant ‘Devesh Soni’ S/o Suraj Prakash Soni under section 528 of BNSS, 2023, the proceeding of Complaint Case No. 182 of 2026 is being challenged which is a proceeding under section 138 of N.I. Act.
3. It is submitted by the learned counsel for the applicant that in fact much prior to the filing of the complaint the entire cheque amount was paid by the applicant to the respondent but with dishonest intention he filed the complaint under section 138 of N.I. Act.
4. Such a plea are completely the subject matter of trial and cannot be looked into a petition under section 528 of BNSS, 2023. In such view of the matter a liberty is given to the applicant to raise all such plea before the concerned court where the proceeding is pending and if such a plea is taken by the applicant, the Trial Court may deal with in accordance with law.
5. Subject to the observation and direction as above, the instant petition is disposed of finally.
(Rakesh Thapliyal, J.) 27.07.2026 PR
UKHC010129992026
2026:UHC:6400