Balwinder Singh vs State of Punjab - 2023 Supreme(P&H) 752

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 752

ARUN MONGA
Balwinder Singh – Appellant
Versus
State of Punjab – Respondent

Advocates appeared:
Mr. Vikas Gupta, Advocate for petitioner.
Mr. Dhruv Dayal, Additional A.G., Punjab.

ARUN MONGA, J.

The instant petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking quashing of FIR No.290 dated 11.09.2019 (Annexure P-3), registered under Section 174-A of the Indian Penal Code, 1860 (for short ‘IPC’), at Police Station Sadar Tarn Taran, District Tarn Taran and all consequential proceedings arising there from out of said FIR and quashing of order dated 12.06.2019 (Annexure P-2) passed by learned Chief Judicial Magistrate, Tarn Taran whereby petitioner was declared a proclaimed person.

2. Succinct facts first, as pleaded in the petition;

2.1. Present petitioner availed loan from the Tarn Taran Primary Co-operative Agriculture Development Bank Ltd, Tarn Taran (for short ‘Bank’) regarding which he issued few security cheques. On account of delay in loan payments, the aforesaid bank presented cheque bearing no. 083611 dated 19.12.2017 for an amount of Rs.1,47,680/- which was dishonoured on account of ‘funds insufficient and dormant account’ vide memo dated 20.12.2017.

2.2 Bank filed a criminal complaint under Section 138 of Negotiable Instruments Act against the present petitioner. Though the aforesaid criminal complaint

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