Parvin Juneja And ANR. v. Indiabulls Housing Finance Ltd. And ANR.

2023:PHHC:097920

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-36616-2023 Date of Decision: 31.07.2023 Parvin Juneja and another ...... Petitioners

Versus

Indiabulls Housing Finance Ltd. and another ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Rajesh Lamba, Advocate, for the petitioners. ***** RAJBIR SEHRAWAT, J. (ORAL) 1.

The present petition has been filed by the petitioners under Section 482 Cr.P.C. for setting aside the order dated 10.04.2023 (Annexure P-5) passed by the Judicial Magistrate Ist Class, Gurugram, whereby the application for substitution of complainant in NACT No.1411 of 2018 titled as 'India Bulls Housing Finance Vs. BHA Associates Pvt. Ltd.' has been allowed.

2.

The facts of this case shows the original complaint under Section 138 of the Negotiable Instruments Act was filed by respondent No.1. However, the loan regarding which the cheques were related, stand assigned to respondent No.2. Therefore, respondent No.2 has been permitted to be substituted as complainant in place of respondent No.1. Since, no content of the complaint; having any bearing on the ingredients of the offence; has been permitted to be changed, therefore, this Court does not find any illegality or impropriety with the order passed by the Court below. 3.

Dismissed.

(RAJBIR SEHRAWAT) JUDGE 31.07.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.08.02 11:48 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh