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High Court of Punjab and HaryanaCRM-M/9972/2016allowed

Ramesh Kuamr Bansal v. M/S India Infoline Finance Ltd.

2020-01-22Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 9972 of 2016 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 9972 of 2016 (O&M) Date of Decision: 22.01.2020 Ramesh Kumar Bansal ......Petitioner

Versus

M/s India Infoline Finance Ltd.

......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Aalok Jagga, Advocate for the petitioner.

Mr. S.K.Raghuvanshhi, Advocate for Mr. Vijay Lath, Advocate for the respondent.

**** HARNARESH SINGH GILL , J. (ORAL) This petition has been filed for quashing of complaint bearing No. 1612/2015 dated 17.9.2015 titled 'India Infoline Finance Ltd. versus Ramesh Kumar Bansal' and all the consequent proceedings arising therefrom including the summoning order dated 18.9.2015 (Annexure P-2). At the outset learned counsel for the petitioner submits that a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short) was filed on 20.3.2015 before the Courts at Amloh District Fatehgarh Sahib (Annexure P-1) and the second complaint under Section 138 of the Act was filed on 17.9.2015 before the Courts at Bathinda (Annexure P-3).

Learned counsel for the respondent has not disputed the factual assertions.

It is the case of the petitioner that there was an amendment in GURPREET SINGH 2020.01.23 17:36 I attest to the accuracy and authenticity of this document chandigarh

CRM-M No. 9972 of 2016 (O&M) -2Section 142-A(2) of the Negotiable Instruments Act after the assent given by the President of India on 26.12.2015 which came into force with effect from 15.6.2015.

In view of the said amendment, the complaint dated 17.9.2015 (Annexure P-3) filed at the later stage before the Courts at Bathinda, is to be tried by the Courts at Amloh, District Fatehgarh Sahib where the earlier complaint dated 20.3.2015 (Annexure P-1) is pending. Keeping in view the above, the complaint dated 17.9.2015 (Annexure P-3) pending before the Courts at Bathinda is ordered to be transferred to the Courts at Amloh, District Fatehgarh Sahib. The petition stands disposed of.

(HARNARESH SINGH GILL) JUDGE January 22, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.01.23 17:36 I attest to the accuracy and authenticity of this document chandigarh