← Library
High Court of Punjab and HaryanaCRM-M/45718/2025allowed

M/S Nitin Fab Knit v. M/S Rana Polycot Limited

2026-05-26Mr. Justice Vinod S. Bhardwaj2 pages

CRM-M-45718-2025 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-45718-2025 (O&M) Date of decision: 26.05.2026 M/s Nitin Fab Knit

...Petitioner(s)

VERSUS

M/s Rana Polycot Limited Company

...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Ms. Anjali Khosla, Advocate for Mr. Kishan Bansal, Advocate for the petitioner(s).

None for the respondent.

VINOD S. BHARDWAJ , J. (Oral) 1.

The present petition has been filed under Section 528 of BNSS, 2023 for quashing of order dated 05.06.2025 (Annexure P-1), passed by Judicial Magistrate Ist Class, Chandigarh, in complaint No.NACT 731 of 2020, titled as 'M/s Rana Polycot Limited vs. M/s Nitin Fab Knit', dated 14.01.2020, whereby application filed by the petitioner under Section 258 Cr.P.C., read with Section 147 of the Negotiable Instruments Act, for rejection of complaint and compounding of the offence, has been dismissed. 2.

Service is complete. The respondent stands served through the counsel representing it before the trial Court. However, no one has put in appearance on behalf of the respondent.

3.

Learned counsel for the petitioner contends that the impugned order was passed merely on the ground that the accused did not show his willingness to pay cheque amount along with outstanding dues. She contends that under similar circumstances and in identical events, CRM-M MONIKA VERMA 2026.06.01 12:08 I attest to the accuracy and authenticity of this order/judgment chandigarh

CRM-M-45718-2025 (O&M) -2No.50251 of 2025 titled as 'M/s Raj Kumar Jain and Sons and another Vs. M/s Rana Polycot Limited' (i.e. the same respondent herein), had been filed. The said case has been allowed vide order dated 10.02.2026 and the impugned order has been set aside. The matter has been remanded to the trial Court for fresh decision, taking note of the readiness and willingness of the petitioner to pay the cheque amount along with interest in view of the judgment of the Hon'ble Supreme Court in Sanjabij Tari vs. Kishore S. Borcar & Anr. 2025(4) RCR (Criminal) 420.

4.

Accordingly, the present petition is allowed in terms of order dated 10.02.2026 passed in CRM-M No.50251 of 2025 titled as 'M/s Raj Kumar Jain and Sons and another Vs. M/s Rana Polycot Limited'. The matter is remanded to the trial Court to pass a fresh order taking note of the readiness and willingness of the petitioner to pay the cheque amount along with interest in view of the judgment of the Hon'ble Supreme Court in Sanjabij Tari vs. Kishore S. Borcar & Anr. 2025(4) RCR (Criminal) 420.

26.05.2026 (VINOD S. BHARDWAJ) monika JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MONIKA VERMA 2026.06.01 12:08 I attest to the accuracy and authenticity of this order/judgment chandigarh