M/S Saini Developers And Promoters And Others v. Kul Bhushan Jain

CRM-35126-2023 in/and CRM-M-2380-2019 1 119+259/4

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-35126-2023 in/and CRM-M-2380-2019 Date of decision: 05.09.2023 M/s Saini Developers and Promoters and others

...Petitioners

Versus

Kul Bhushan Jain

...Respondent

CORAM:

HON'BLE MR. JUSTICE VIKAS SURI

Present:

Mr. A.D.S. Sukhija, Advocate for the petitioners.

Mr. Kshitij Sharma, Advocate for the respondent.

*** VIKAS SURI , J. (ORAL) CRM-35126-2023 Application under Section 482 Cr.PC seeking to place on record copy of order dated 20.07.2023 passed in CRM-M-25554-2019 as (Annexure P-11), has been filed.

Notice of the application.

Mr. Kshitij Sharma, Advocate accepts notice on behalf of the respondent and submits that the respondent has no objection to the said order being taken on record. It is further submitted that in fact there was six connected cases between the same parties and two of them have been disposed of vide similar orders, one being order dated 20.07.2023 (Annexure P-11). CRM stands disposed of.

Main case The prayer in the present petition is for quashing of the complaint No.138/10388/2017 dated 23.02.2017 (Annexure P-1) filed under Section 138 Parveen Kumar 2023.09.06 20:35 I attest to the accuracy and authenticity of this document P&H HC CHANDIGARH

CRM-35126-2023 in/and CRM-M-2380-2019 2 of Negotiable Instruments Act, 1881; order dated 23.03.2017 (Annexure P-2) whereby the petitioners have been summoned to face the trial; and order dated 16.10.2018 (Annexure P-10) whereby the application seeking discharge, has been dismissed.

Learned counsel for the parties are ad idem that order dated 16.10.2018 (Annexure P-10) passed by the learned Judicial Magistrate Ist Class, Gurugram is not on merits and they have no objection if the same is set aside and the trial Court is directed to decide the application afresh, on merits. Learned counsel for the petitioners prays that the petitioners be permitted to take all the pleas, as taken before this Court in the instant petition and the right to approach this Court be kept open. In view of the above, the present petition is allowed in the aforesaid terms and resultantly, impugned order dated 16.10.2018 (Annexure P-10) is set aside and the case is remitted back to the trial Court with a direction to pass order afresh, within a period of two months from the date of receipt of a copy of this order.

Disposed of.

(VIKAS SURI) 05.09.2023 JUDGE Parveen kumar Whether speaking/reasoned :Yes/No Whether reportable :Yes/No Parveen Kumar 2023.09.06 20:35 I attest to the accuracy and authenticity of this document P&H HC CHANDIGARH