Punjab-Haryana High Court
Balbir Singh vs M/S Seasons Marketing Ltd. And Another on 8 November, 2013
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
CRM-M-37570-2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-37570-2013 (O&M)
Date of decision : 08.11.2013
Balbir Singh
...Petitioner
Versus
M/s Seasons Marketing Ltd. and another
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. A.S. Kalra, Advocate for the petitioner.
JITENDRA CHAUHAN, J. (Oral)
The present petition under Section 482 of the Code of Criminal Procedure, (for short, 'the Cr.P.C.') has been filed seeking quashing of criminal complaint No.1896 of 2013 dated 05.07.2013, titled as 'M/s Seasons Marketing Limited Vs. Balbir Singh', pending in the Court of Judicial Magistrate 1st Class, Chandigarh, and all consequential proceedings arising therefrom.
The learned counsel contends that the cheques in question were blank and undated, given to the complainant as security. The amount has been filed by the complainant after six years. The learned counsel further states that as per Clause 20 of the agreement (Annexure P-1), in case of any dispute, the matter shall be referred toSethithe Atul sole 2013.11.20 16:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-37570-2013 -2- Arbitrator.
Heard.
It is not in dispute that the cheques in question are issued by the petitioner. The question whether the cheques are for the purpose of security or towards discharge of liability, shall be gone into by the trial Court. This Court, under Section 482 Cr.P.C., is not inclined to go into the factual aspects of the matter.
Dismissed.
08.11.2013 (JITENDRA CHAUHAN) atulsethi JUDGE Sethi Atul 2013.11.20 16:40 I attest to the accuracy and integrity of this document Chandigarh