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High Court of Punjab and HaryanaCRM-M/43515/2022dismissed

Capital Scaffolding And ANR v. State Of Haryana And Another

2023-08-21Mr. Justice Rajbir Sehrawat2 pages

N.C. No.2023:PHHC:108719

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-43515-2022 (O&M) Date of decision: 21.08.2023 Capital Scaffolding and another ....Petitioners

Versus

State of Haryana and another

...Respondents

CORAM: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Nitin Kaushal, Advocate for the petitioners. Mr. K.S. Chahal, Additional AG Haryana.

Mr. Manish Soni, Advocate for respondent No.2. ***** RAJBIR SEHRAWAT. J. (Oral) 1.

The present petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') prayer for setting aside the judgment and order dated 26.07.2022 passed by Additional Sessions Judge, Gurugram (Annexure P-2), in NACT/628/2020 dated 08.01.2020 titled as 'M/s Baba Jagta Shuttering Pvt. Ltd. Vs. Salim Chohan'. 2.

The main aspect involved in the case is whether the provision as contained in Section 143-A of the Negotiable Instruments Act would be applicable to the case of the petitioners or not.

3.

Since the offence in the case is alleged to have been committed after enforcement of the amendment, therefore, it is obvious that the said provision would be applicable to the case of the petitioners as well. The present case is squarely covered by the judgment of the co-ordinate Bench of this Court, passed in CRM-M-43341-2022 decided on 29.09.2022, which was a case between the same parties and qua similar transaction, which has not been interfered by the SANDAL SHARMA 2023.08.23 11:16 I attest to the accuracy and authenticity of this order/judgment

N.C.No.2023:PHHC:108719 CRM-M-43515-2022 (O&M) -2Hon'ble Supreme Court.

4.

In view of the above, finding no merit in the present petition, the same is dismissed.

5.

All the pending miscellaneous applications, if any, stand disposed of. (RAJBIR SEHRAWAT) JUDGE 21.08.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SANDAL SHARMA 2023.08.23 11:16 I attest to the accuracy and authenticity of this order/judgment