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High Court of Punjab and HaryanaCRM-M/52656/2022disposed of

Karnbir Singh v. Sarabjit Singh

2023-01-24Mr. Justice Anoop Chitkara1 pages

 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-52656-2022 Date of Decision: 24.01.2023 Karnbir Singh ......... Petitioner

Versus

Sarabjit Singh ........ Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Bhupinder Ghai, Advocate for the petitioner. **** ANOOP CHITKARA, J. (ORAL) After arguing for some time, counsel for the petitioner submits that his main ground is that the cheque in question was stolen and on which date, the alleged cheque was presented by the complainant, the petitioner was in custody. He further submits that the petitioner could not get the custody certificate and he filed the petition by annexing bail orders to corroborate the same.

Since the primary evidence would be the custody certificate, as such, the present petition is defective.

At this stage, counsel for the petitioner wants to withdraw the present petition with liberty to file a fresh petition. Given above, the present petition stands disposed of having been withdrawn with liberty aforesaid.

It is clarified that if the petitioner filed any application for custody certificate in that case the concerned Superintendent of Jail, shall hand over the same detailing his custody period without any delay.

There would be no need for a certified copy of this order, and any Advocate for the Petitioner and State can download this order and other particulars as may be required, from the official web page of this Court, and attest it to be a true copy. The concerned court can also verify its authenticity and may download and use the downloaded copy for immediate use.

(ANOOP CHITKARA) JUDGE 24.01.2023/Jyoti-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.01.30 09:40 I attest to the accuracy and integrity of this order/judgment.