Balkaran Singh v. Punjab Kashmir Finance Ltd. And Another

CRM-M No.30245 of 2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.30245 of 2025 Date of decision : 24.9.2025 Balkaran Singh .............Petitioner

Versus

M/s Punjab Kashmir Finance Ltd. and another ....Respondents CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: MrSahil Soi, Advocate, for the petitioner Mr. Rohit Sud, Advocate and Ms. Sameesh Bassi, Advocate, for respondent no.1 Mr. Baljinder Singh Sra, Addl. AG, Punjab --- SUMEET GOEL, J. (ORAL) 1.

The petition in hand has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, with the following substantive prayer:

'It is therefore respectfully prayed that this petition may kindly be accepted and this Hon'ble Court may kindly order the quashing of the impugned complaint numbered as NACT No. 374 of 2021 dated 27-1-2021 under section 138 of Negotiable Instruments Act, 1881 Police Station Division No. 4, District Jalandhar titled as M/s Punjab Kashmir Finance Ltd. Vs. Balkaran Singh Annexure P-1, alongwith all the subsequent proceedings that took place in the Trial Court including the summoning order dated 27-1-2021 passed by the Court of Sh. Bhupinder Mittal, Judicial Magistrate First Class 5, Jalandhar Annexure P-2, alongwith the P.O Order dated 15-5-2024 passed by the court of Sh. Akashdeep Singh Malwai, Judicial Magistrate First Class - 11, Jalandhar Annexure P-7, the ASHWANI KUMAR 2025.09.25 10:17 I attest to the accuracy and integrity of this document

CRM-M No.30245 of 2025 -2same being sheer abuse of process of law as the dispute has been already settled with the respondent the amount to and 1 No. even the after paying complainant/respondent No. 1 and even after issuing NOC in favour of the petitioner, the respondent No. 1 failed to withdraw the impugned complaint.'

2.

Learned counsel for respondent no.1 has put in appearance by filing his vakalatnama. The same be kept on record. Learned counsel has submitted that, in view of the settlement dated 28.9.2023 (copy whereof has been appended as Annexure P-4 with the present petition), the present petition be granted as a final settlement has been arrived at between the parties.

3.

In view of the above, the present petition is allowed. The complaint numbered as NACT No. 374 of 2021 dated 27-1-2021 under section 138 of Negotiable Instruments Act, 1881 Police Station Division No. 4, District Jalandhar titled M/s Punjab Kashmir Finance Ltd. Vs. Balkaran Singh, summoning order dated 27-1-2021 passed by Judicial Magistrate First Class-5, Jalandhar, P.O Order dated 15-5-2024 passed by Judicial Magistrate First Class-11, Jalandhar and all the consequent proceedings, are hereby quashed qua the petitioner. (SUMEET GOEL) JUDGE 24.9.2025 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2025.09.25 10:17 I attest to the accuracy and integrity of this document