Rajat Bhatia v. Jatin Chawla

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRR No. 1742 of 2024 Date of Decision: 12.09.2024 Rajat BhaƟa ...PeƟƟoner

Versus

JaƟn Chawla

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Amit Arora, Advocate for the peƟƟoner.

**** ANOOP CHITKARA, J.

Aggrieved by dismissal of the applicaƟon to amend the complaint by deleƟng paras no.6 and 7 of the complaint, the complainant has come up before this Court.

Paras no.6 and 7 reads as follows:- "6.

That the complainant approached the accused and appraised him about the fate of cheque. Upon which the accused have taken the plea that due to unavoidable circumstances, accused could not maintain sufficient balance in his account to honour the said cheque and requested complainant to represent the said cheque aŌer one month Ɵmes period and assured complainant that the same would be encashed definitely.

7.

That keeping in view the relaƟons with the accused and treated his reason as genuine, complainant agreed for the same and again represented the said cheque with his banker for encashment but the same was again dishonoured by the accused's banker vide "return memo dated: 01.09.2022 with remarks "Funds Insufficient".

On the face of it, it discloses complainant's state of mind and is a relevant fact under SecƟon 2(f) of BharaƟya Sakshya Adhiniyam (corresponding to SecƟon 3(2) of Indian Evidence Act).

Given above, there is no illegality in the impugned order. PeƟƟon is dismissed. All pending applicaƟons, if any, stand disposed. (ANOOP CHITKARA) JUDGE 12.09.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.09.17 10:23 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh