Punjab-Haryana High Court
Gurcharan Singh Randhawa vs Jagjit Singh Alias Jit Singh on 10 December, 2009
Author: Ajay Tewari
Bench: Ajay Tewari
CRM-M No. 35013 of 2009(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M No. 35013 of 2009 (O&M)
Date of Decision: December 10 , 2009
Gurcharan Singh Randhawa ...... Petitioner
Versus
Jagjit Singh alias Jit Singh
and another ...... Respondents
Coram: Hon'ble Mr. Justice Ajay Tewari
Present: Mr.V.K.Thakur, Advocate
for the petitioner.
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Ajay Tewari, J.
This is a petition for quashing the complaint under Section 138 of the Negotiable Instruments Act as well as the summoning order.
Learned counsel has argued that prior to the filing of this complaint the petitioner had filed a complaint No. 248 dated 5.12.2008 with regard to the same cheques and that the said complaint is pending trial before the Additional Chief Judicial Magistrate, Kapurthala.
It is argued that in case the petitioner is able to prove the allegations made in that complaint the present complaint would have to fail.
In the circumstances I deem it appropriate if both the cases viz. Criminal Complaint No. 248 dated 5.12.2008 which is now fixed for 18.01.2010 and the instant Criminal Complaint No. 1427 dated 16.12.2008 which is now fixed for 10.12.2009 are decided together by the learned CRM-M No. 35013 of 2009(O&M) 2 ACJM, Kapurthala.
Consequently this petition is disposed of with a direction to the learned Additional Chief Judicial Magistrate, Kapurthala to dispose of the aforementioned two complaints together.
(AJAY TEWARI) JUDGE December 10 , 2009 sunita