High Court of Punjab and HaryanaCRM-M/45398/2018disposed of

Pd Lakhani v. M/S Lamba Rubber Chemicals

2018-10-12Lok Adalat Bench - 12 pages

-1CRM-M-45398 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-45398 of 2018 Date of Decision: 12.10.2018 Mr. P.D. Lakhani ....Petitioner

Versus

M/s Lamba Rubber Chemicals ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Kunal Dawar, Advocate, for the petitioner. RAMENDRA JAIN, J. (ORAL) Prayer in the present petition is for quashing of order dated 28.11.2017(Annexure P-1) passed by JMIC, Faridabad in a complaint case No. 1396 dated 10.09.2014 titled M/s Lamba Rubber Chemicals v. Lakhani India Limited and others, under Sections 138, 141 and 142 of the Negotiable Instruments Act and under Section 420 IPC whereby he has allowed the application to convert the trial of the case from 'Summary' to 'Summons'.

Heard.

Considering the submissions of learned counsel and going through the impugned order dated 28.11.2017(Annexure P1) this Court is of the view that following observation of the trial Court:- "Considering the nature of allegations and transactions, this court is of the view that in case of finding guilty, terms of sentence have to be passed exceeding one year against the RAVINDER SINGH 2018.10.15 12:18 I attest to the accuracy and authenticity of this document accused."

may prejudice the Presiding Officer or his Successor at time of final

-2CRM-M-45398 of 2018 adjudication of the case.

Therefore, the said observation is expunged. However, the remaining order is affirmed.

Petition stands disposed of.

(RAMENDRA JAIN) October 12, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.10.15 12:18 I attest to the accuracy and authenticity of this document