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High Court of Punjab and HaryanaCRM-M/20505/2023disposed of

Paramjeet Singh v. Indiabulls Housing Finance Ltd.

2026-02-16Mr. Justice H.S. Grewal3 pages

  

           

   

   

       (ii) CRM-M-32082-2023 AMARDEEP SINGH SEHRA   

VERSUS

INDIABULLS HOUSING FINANCE LTD    CRM-M-22424-2023

   

   INDIABULLS HOUSING FINANCE LTD.

.....RESPONDENT  CRM-M-31514-2023

   

   INDIABULLS HOUSING FINANCE LTD.

.....RESPONDENT  CRM-M-31515-2023

   

   INDIABULLS HOUSING FINANCE LTD.

.....RESPONDENT  CRM-M-31516-2023

   

   INDIABULLS HOUSING FINANCE LTD.

.....RESPONDENT

   CRM-M-32145-2023 AMARDEEP SINGH SEHRA   

VERSUS

INDIABULLS HOUSING FINANCE LTD .....RESPONDENT  CRM-M-32142-2023

   

   

               ! 

Present:

Mr. Vineet Kumar, Advocate for the petitioner. Mr. Rohit Rana, Advocate for the respondent.

 !

"  1.

This common order shall dispose of the abovementioned petitions, as a common issue is involved in all the petitions. 2.

These petitions have been filed under Section 482 Cr.P.C for quashing of complaint as mentioned in the head note of the petitions; summoning orders as well as bailable/ nonbailable warrants issued against the petitioner(s) and all other subsequent proceedings arising thereof as the petitioner(s) had already deposited the defaulting amount within the time prescribed under Section 138(c) of Negotiable Instrument Act. 3.

Learned counsel for the petitioner submits that the petitioner(s) had availed the loan facility from the respondent, and the entire amount forming the subject matter of the cheque(s) had already been paid within the stipulated period. It is further submitted that payment has been made against the cheques which are the subject matter of the present petitions. 4.

Mr. Rohit Rana, Advocate has filed his vakalatnama/MOA on

  behalf of the respondent in Court today and the same are taken on record. He submits that although certain payments were made by the petitioner(s), the same were adjusted against previous outstanding dues and the payment against the cheques in question are still due. 5.

I have heard learned counsel for the parties and perused the record.

6.

Keeping in view the fact that the question as to whether payment towards the cheques in question has been made or not involves disputed question of fact, which can be only be decided by way adducing evidence and the matter cannot be adjudicated in exercise of inherent jurisdiction of this Court. The present petition(s) are disposed of with liberty to the petitioner(s) to avail appropriate remedy at the appropriate stage and to raise all permissible pleas before the learned trial Court, in accordance with law.

7.

However, considering the grievance of the petitioner(s) regarding issuance of bailable/nonbailable warrants, it is directed that in case the petitioner(s) surrender before the learned trial Court within a period of 10 days from today at 10:00 A.M. and moves an application for grant of regular bail, the learned trial Court shall consider and decide the said application on the same very day.

8.

With these observations, the present petition stands disposed of.   !  #$$$#   !%&'%&()*&+,-./(&+)0-&1&)/0 !%&'%&( &*0('+23&&)/0