Sandeep v. Satwinder Singh

Crl. Misc. No. M-7184 of 2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 117 Case No. : Crl. Misc. No. M-7184 of 2022 Date of Decision : February 21, 2022 Sandeep ....

Petitioner vs.

Satwinder Singh ....

Respondent CORAM : HON'BLE MR. JUSTICE HARINDER SINGH SIDHU. * * * Present :

Mr. Parminder Singh, Advocate for the petitioner.

* * * HARINDER SINGH SIDHU , J.

:

The respondent has filed a complaint under Section 138 of the Negotiable Instruments Act against the petitioner for dishonour of the cheque amounting to Rs.2,25,000/-. In the said complaint, vide order dated 12.03.2021, the petitioner was summoned to appear before the trial court. Learned counsel for the petitioner has contended that the statutory notice was not served upon the petitioner. The petitioner was and is still ready and willing to pay the entire cheque amount to the complainant. The petitioner is resident of Karnal. He has a one-year old son and ailing mother. In these circumstances, it is contended that it would be difficult for the petitioner to appear before the trial court and tender the cheque amount.

In view of the above, this petition is disposed of with liberty to the petitioner to appear before the trial court through counsel. The counsel MONIKA 2022.02.22 15:14 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-7184 of 2022 for the petitioner would tender the entire cheque amount i.e. Rs.2,25,000/- to the complainant on the next date of hearing fixed before the trial court i.e. 13.03.2022, whereafter the Court may pass appropriate orders. However, this would be subject to the petitioner depositing an amount of Rs.10,000/- with the Director, PGIMER, Poor Patients Welfare Fund, Chandigarh.

Disposed of accordingly.

February 21, 2022 (HARINDER SINGH SIDHU) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

MONIKA 2022.02.22 15:14 I attest to the accuracy and integrity of this document