High Court of Punjab and HaryanaCRM-M/25305/2017dismissed

Ram Kumar v. Raj Kumar Garg

2017-11-15Mr. Justice Girish Agnihotri2 pages

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. 25305 of 2017 (O&M) Date of Decision: 15.11.2017 Ram Kumar ... Petitioner(s)

Versus

Raj Kumar Garg ... Respondent(s) CORAM: Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. Anupam Singla, Advocate for the petitioner(s).

Shekher Dhawan, J.

CRM-36548-2017 Criminal Misc. Application is allowed, subject to all just exceptions. Document (Annexure P5) is taken on record. CRM-M-25305-2017 Present petition under Section 482 Cr.P.C. for seeking quashing of order dated 6.6.2017 (Annexure P1), passed by learned Judicial Magistrate Ist Class, Nabha.

Learned counsel for the petitioner contended that petitioner wants to take the plea that respondent is a money lender without obtaining required license and for that purpose, an application under Section 91 Cr.P.C. was filed before the learned Court below, which was declined. Having considered the fact that from the date of filing of a complaint i.e. 16.11.2015, the intention of the present petitioner was just to delay the proceedings of the case and for that purpose cross-examination of Deepak Kumar Bhardwaj 2017.11.15 15:26 I attest to the accuracy and integrity of this document

Criminal Misc. No. 25305 of 2017 (O&M) complainant was deferred on three dates i.e. 8.2.2017. 6.3.2017 and 3.4.2017. Thereafter, statement of accused under Section 313 Cr.P.C. was recorded. The matter was then posted for defence evidence and arguments for two different dates and then an application under Section 91 Cr.P.C. was filed and this plea has been rightly declined by the learned Court below. There is absolutely no illegality in the impugned order, passed by the learned Court below. However, the petitioner shall be at liberty to take all these pleas regarding money lending business and license thereof before the learned trial Judge.

In view of the observations made above, present petition stands disposed of.

(Shekher Dhawan) Judge November 15, 2017 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No Deepak Kumar Bhardwaj 2017.11.15 15:26 I attest to the accuracy and integrity of this document