High Court of Punjab and HaryanaCRM-M/10508/2016allowed

Gaurav Agrawal v. State Of Haryana & ANR

2018-07-25Mr. Justice Ramendra Jain2 pages

CRM-M-10508-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-10508-2016 (O&M) Date of decision: 25.07.2018 Gaurav Agrawal ..... Petitioner

Versus

State of Haryana and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Vinish Singla, Advocate for the petitioner. Mr. Yashwinder Singh, DAG, Haryana.

Ms. Payel Mehta, Advocate for respondent No. 2. RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C., the petitioner has prayed for quashing of Complaint Case No. 11 of 2016 dated 04.01.2016 (Annexure P-12) titled as "ALCOI India Pvt. Ltd. Vs. Gaurav Aggarwal and another", under Section 138 of the Negotiable Instruments Act, pending in the Court of learned Chief Judicial Magistrate, Panchkula and all consequential proceedings arising therefrom. During the course of arguments, learned counsel for respondent No. 2-complainant submits that in view of law laid down by Hon'ble Supreme Court in M/s Indus Airways Pvt. Ltd. and others Vs. M/s Magnum Aviation Pvt. Ltd. and another, 2014(2) RCR (Civil) 611, relied upon by learned counsel for the petitioner, respondent No. 2 may be Rishu Kataria 2018.07.27 18:23 I attest to the accuracy and authenticity of this document permitted to exhaust its remedy before the Civil Court.

CRM-M-10508-2016 (O&M) -2In view of the above, Complaint Case No. 11 of 2016 dated 04.01.2016 (Annexure P-12) titled as "ALCOI India Pvt. Ltd. Vs. Gaurav Aggarwal and another", under Section 138 of the Negotiable Instruments Act, pending in the Court of learned Chief Judicial Magistrate, Panchkula and all consequential proceedings arising therefrom, qua the petitioner is quashed with liberty to respondent No. 2-complainant to exhaust its remedy before the Civil Court, in accordance with law. The instant petition stands disposed of, accordingly. July 25, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2018.07.27 18:23 I attest to the accuracy and authenticity of this document