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High Court of Punjab and HaryanaCRM-M/29782/2019disposed of

Atul Kumar And Another v. M/S Pareek And Sons And Another

2023-07-26Mr. Justice Aman Chaudhary3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-29782-2019 (O&M) Date of decision: 26.07.2023 Atul Kumar and another ..Petitioners

Versus

M/s Pareek and sons proprietor firm and another ..Respondents CRM-M-29819-2019 (O&M) Atul Kumar and another ..Petitioners

Versus

M/s Joshi Trading Co. proprietor firm and another ..Respondents CRM-M-29835-2019 (O&M) Atul Kumar and another ..Petitioners

Versus

M/s Sri Balaji Trading Co. sons proprietor firm and another ..Respondents CRM-M-29686-2019 (O&M) Atul Kumar and another ..Petitioners

Versus

M/s Jain Trading Company and another ..Respondents CRM-M-29814-2019 (O&M) Atul Kumar and another ..Petitioners

Versus

M/s Sheonaryan Godara Traders and another ..Respondents CRM-M-29489-2021 (O&M) Atul Goel and another ..Petitioners

Versus

M/s Shree Laxmi Traders and another ..Respondents

CRM-M-35096-2019 (O&M) Atul Kumar and another ..Petitioners

Versus

M/s Pareek and sons proprietor firm and another ..Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Satbir Singh Gill, Advocate for the petitioners. Mr. Sukhchain S. Dhillon, Advocate for Mr. DS Virk, Advocate for respondent No.2.

*** AMAN CHAUDHARY, J 1.

The aforesaid petitions shall be decided together as common issue is involved therein.

2.

In CRM-M-29782-2019, CRM-M-29819-2019, CRM-M29835-2019, CRM-M-29686-2019, CRM-M-29814-2019, CRM-M29489-2021 and CRM-M-35096-2016, Criminal Complaint Nos.NACT73/17, 100/17, 68/17, 46/17, 42/17, 347/18 and 120/16 dated 21.02.2017, 17.03.2017, 20.02.2017, 17.02.2017, 02.02.2017, 2012.2018 and 03.05.2016, respectively, under Section 138 read with 141 negotiable Instrument Act, 1881 were filed and passed and impugned orders dated 07.01.2019, 07.01.2019, 07.02.2019, 17.01.2019, 07.01.2019, 20.02.2020 and 27.05.2019, respectively, declaring the petitioner 'proclaimed persons' were passed.

3.

The present petitions have been filed for quashing of the above complaints and impugned orders.

4.

Learned counsel for the petitioner submits an amicable settlement has been arrived at between the parties before the Mediation

and Conciliation Center of this Court on 12.10.2022 as per which the dispute inter se parties stands settled and an amount involved therein stands paid.

5.

Learned counsel appearing for respondent No.2 affirms the factum of the compromise having been effected as also receipt of the amount that was outstanding. He also states on instructions from respondent No.2 that in view of the compromise, the complaint filed under Section 138 of Negotiable Instrument Act which has been challenged will be withdrawn by filing an appropriate application before the Court concerned.

6.

In view of the aforesaid, the present petitions are disposed of. 7.

Photocopy of this order be placed on the connected files. ( AMAN CHAUDHARY ) 26.07.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No