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HARNARESH SINGH GILL
Balwinder Singh – Appellant
Versus
Goyal Sales Corporation (M/s) – Respondent
| Table of Content |
|---|
| 1. details of procedural history and case timeline. (Para 1 , 2 , 6) |
| 2. arguments regarding the admissibility of evidence. (Para 3 , 4) |
| 3. court's observations on application and trial delay. (Para 5 , 7 , 8) |
| 4. final ruling and order allowance. (Para 9) |
Judgment
Mr. Harnaresh Singh Gill, J.
Prayer in the petition is for quashing of orders dated 21.10.2016 passed by the learned Judicial Magistrate 1st Class, Khanna, and 08.12.2017 passed by the learned Additional Sessions Judge, Ludhiana, vide which the application filed by the petitioner under Section 145 (2) of the Negotiable Instruments Act, 1881, has been dismissed.
2. Learned counsel for the petitioner submits that vide order dated 13.03.2015, the petitioner was summoned in a complaint under Section 138 of the Negotiable Instruments Act and the petitioner appeared on 15.02.2016 and he was released on bail; that the notice of accusation was served upon the petitioner on 18.03.2016 and the case was adjourned to 11.04.2016; that on 11.04.2016 the petitioner along with his counsel appeared and the case was further adjourned for 10.05.2016 and as on that date, the lawyers were abstaining from work, the case was adjourne
Disputed facts on delay and notice compliance not adjudicable at quashing stage under Section 528 BNSS; trial required.
Quashing of FIR is an exception rather than an ordinary rule, and the High Court should exercise the powers under Section 482 Cr.P.C sparingly with circumspection.
The main legal point established in the judgment is the interpretation and application of the provisions regarding the condonation of delay in proceedings under Section 138 of the Negotiable Instrume....
The main legal point established in the judgment is that once an accused has admitted the signatures on the cheque, he cannot escape his liability on the ground that the same had not been signed by h....
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