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High Court of Punjab and HaryanaCRM-M/18527/2014allowed

Sachin Aggarwal v. State Of Punjab

2015-02-27Mr. Justice Krishna Murari2 pages

CRM-M-18527-2014 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-18527-2014 (O&M).

Decided on: February 27, 2015.

Sachin Aggarwal ..... Petitioner(s)

Versus

State of Punjab ..... Respondent(s) * * *

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.Kanwaljit Singh, Sr., Advocate, with Mr.Ajaivir Singh, Advocate, for the petitioner.

Mr.C.S.Brar, DAG., Punjab.

Ms.Silky Singla, complainant in person.

M.M.S. BEDI, J (ORAL) Petitioner has, as per settlement arrived at between the parties, transferred half share in the house situated in Ludhiana in the name of the complainant and has also withdrawn a criminal complaint under Section 138 of the Negotiable Instruments Act, filed against the complainant-wife. The complainant present in the Court has stated that the matter has been compromised and the parties have agreed to part company as per the terms of the settlement. The complainant has raised an apprehension that cheques signed by the complainant from saving bank account No.6504780817 bearing Sr. No.226713 to 226720 are in the possession of petitioner and that these are likely to be used to harass the complainant. Counsel for the petitioner has submitted that only RAJ KUMAR ARORA 2015.02.27 15:37 I attest to the accuracy and integrity of this document

CRM-M-18527-2014 (O&M) one cheque bearing Sr. No.226719 had been issued by her regarding which a complaint under Section 138 of the Negotiable Instruments Act, was filed which has now been withdrawn.

So far as the remaining cheques of above said numbers are concerned, the said cheques had neither been handed over to the petitioner or any of his family members nor the petitioner or any of his family members would have got any intention to use the said cheques for any purpose against the complainant. In view of above circumstances, the petitioner having joined investigation and a petition for quashing having been filed, interim order dated 27.5.2014 is hereby made absolute subject to all the conditions under Section 438 (2) Cr.P.C. The petitioner will remain bound by the statement and information pertaining to the cheques made in the Court through counsel.

(M.M.S. BEDI) February 27, 2015.

JUDGE rka