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High Court of Punjab and HaryanaCRM-M/41335/2025disposed of

M/S Sadiura Jewellers v. State Of Punjab And Others

2025-08-01Mr. Justice H.S. Grewal2 pages

CRM-M-41335-2025

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-41335-2025 Date of decision: 01.08.2025 M/s Sadiura Jewellers

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE 

Present:

Mr. G. S. Sethi, Advocate, for the petitioner.  

    **** 

 , J. (Oral) 1.

This petition has been filed under Section 528 of the BNSS, 2023 for quashing of the order dated 18.01.2025 (Annexure P-3) passed by the learned JMIC, Amritsar in NACT/232/2021 DOR 21.01.2021, whereby, the application filed by the petitioner directing respondent No.2 to register an FIR under Section 174-A IPC against respondent No.3 has been dismissed. 2.

The case of the prosecution is that respondent No.3 issued a cheque in favour of the petitioner, which was returned dishonoured on presentation. Consequently, the petitioner initiated criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 against respondent No.3 namely Alok Kumar Verma. During the pendency of said complaint, the accused Alok Kumar Verma failed to appear before the Court despite service of summons and bailable as well as non-bailable warrants. Thereafter, vide order dated 11.09.2023, he was declared a proclaimed person. A direction was issued by the learned Magistrate to the concerned SHO to initiate proceedings against the accused in accordance with law but despite the judicial direction, no FIR has been registered by respondent No.2 till yet. 3.

Notice of motion.

ANIL KUMAR 2025.08.04 18:11 I attest to the accuracy and integrity of this document

CRM-M-41335-2025 4.

Mr. Gautam Thapar, Sr. DAG, Punjab, accepts notice on behalf of respondent-State 5.

In view of the above, the present petition is allowed and respondent No.2 is directed to comply with the order dated 11.09.2023 (Annexure P-2) forthwith in accordance with law. ( ) 

 01.08.2025 anil Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No ANIL KUMAR 2025.08.04 18:11 I attest to the accuracy and integrity of this document