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DEEPAK GUPTA
Classical Lighting Industry – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Deepak Gupta, J.
By way of this petition filed under Section 482 CrPC, petitioner prays for quashing/setting aside order dated 05.09.2023 passed by ld. JMIC, Rajpura, vide which proclamation proceedings have been initiated against the petitioner in criminal complaint bearing No.COMA- 546-2017 titled 'Shiv Om Industry v. M/s Classical Lighting Industry'.
2. Counsel for the petitioner has been heard at length and the paper-book has been perused.
3. It is revealed that criminal complaint in question i.e., COMA- 546-2017 (Annexure P1) was filed by respondent No.2-Shiv Om Industry to prosecute the accused M/s Classical Lighting Industry through its proprietor Sudhir Kumar (petitioner herein) under Section 138 of the Negotiable Instruments Act, 1881 [for short 'the NI Act']. Petitioner was on bail in that case. Total five complaints had been filed by the complainant regarding dishonour of the cheque. Petitioner had filed a quashing petition bearing CRM-M-8777-2022 against the complainant-respondent. The said CRM-M- 8777-2022 was dismissed by Coordinate Bench of this Court on 04.09.2023. Said order reads as under: -
Failure to comply with court orders regarding cheque dishonour justifies proclamation proceedings and cancellation of bail.
The acquittal order must be complied with unless an interim stay is issued; trial Court's refusal to release funds was improper.
The amended Section 148 of the Negotiable Instruments Act requires the appellate court to order a minimum deposit of 20% of the fine during an appeal against conviction under Section 138, ensuring co....
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