Vishal Satinder Sood v. Sar Tech Solutions Pvt. Ltd.

CRM-M-44530-2021 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 44530 of 2021 Date of Decision: 22.11.2021 Vishal Satinder Sood ......Petitioner

Versus

Sar Tech Solutions Pvt. Ltd.

.....Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Mr. Arun Gupta, Advocate for the petitioner.

Mr. Somnath Tayal, Advocate for the respondent.

**** SURESHWAR THAKUR , J.

(ORAL) 1.

In the instant petition, a challenge is made to the order made by the learned Judicial Magistrate Ist Class, Faridabad, wherethrough, the petitioner herein has been asked to face proceedings, hence orally stated today i.e. 22.11.2021, in respect of a notice of accusation, being put to him, for an offence, under Section 138 of the Negotiable Instruments Act. 2.

After notice being sent to the complainant-respondent, Mr. Somnath Tayal, Advocate, puts appearance on its behalf, and, tenders his Vakalatnama.

3.

The learned counsel for the respondent-complainant submits, that he has instructions to make a statement before this Court, that the complainant does not intend to prosecute the petitioner herein, as no incriminatory role, qua the dishonour of the negotiable instrument, is attributed to him, and, the instant petition may be allowed, only insofar as GURPREET SINGH 2021.11.23 16:48 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-44530-2021 -2the petitioner herein is concerned.

4.

Bearing in mind the afore made statement, before this Court, by the learned counsel for the respondent-complainant, inasmuch as, his having been instructed to make a statement before this Court, that no incriminatory role is attributed to the petitioner herein, therefore, only insofar as, the petitioner herein is concerned, the order made by the learned Judicial Magistrate Ist Class, hence summoning the petitioner, to cause his appearance today, before him, for notice of accusation, being put to him, is quashed and set aside.

5.

In view of the above, the petition is allowed. However, consequent therewith corrections in the memo of the respondent-accused, on complaint No. NACT/4274/2019, titled Sar Tech Solutions Pvt. Ltd. Versus Manpasand Beverages Limited and others', be made by the learned Magistrate concerned.

(SURESHWAR THAKUR) JUDGE November 22, 2021 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

Yes/No GURPREET SINGH 2021.11.23 16:48 I attest to the accuracy and integrity of this document Chandigarh