Rajesh Rana v. Babu Ram (Since Deceased) Through His Legal Heirs

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-46441-2016 DATE OF DECISION:-21.02.2019 RAJESH RANA ...PETITIONER...

V.

BABU RAM (SINCE DECEASED) THR. LRs ...RESPONDENT...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Gaurav Mohunta, Advocate for the petitioner. Mr. Arun Bansal, Advocate for the respondent. **** RAMENDRA JAIN, J. (ORAL) The petitioner has not complied with his voluntary undertaking given on 21.01.2019 through his counsel to deposit 20% of the cheque amount within a period of one month. Therefore, the instant petition is dismissed for want of prosecution.

That apart, from the contents of the petition, it can be gathered that present petition is a mala fide device of the petitioner to usurp the cheque amount, inasmuch as, in a cheque bouncing case, appreciation of evidence is required. Therefore, at the threshold, without any evidence, complaint under Section 138 of the Negotiable Instruments Act, 1881 can't be quashed in a petition under Section 482 Cr.P.C. It is a clever attempt of the petitioner to usurp the cheque amount. 21.02.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2019.02.22 11:29 I attest to the accuracy and authenticity of this document Chandigarh