Unique Traders vs State Of Haryana - 2024 Supreme(P&H) 1570

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2024 Supreme(P&H) 1570

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
RAJESH BHARDWAJ
Unique Traders – Appellant
Versus
State Of Haryana – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Abdul Aziz, Advoi

JUDGMENT :

Rajesh Bhardwaj, J.

Present petition has been filed praying for setting aside the orders dated 07.06.2024 and 29.07.2024 (Annexures P-15 & P-17) passed by the learned Special Railway Magistrate-cum-Judicial Magistrate First Class, Ambala vide which the proclamation has been issued and petitioner has been declared as proclaimed person in complaint under Section 138 of Negotiable Instruments Act titled as M/s Adhunik Crop Care vs. Unique Traders numbered as COMA/2901/2019 dated 03.10.2019 in an illegal, arbitrary manner and without following the due process as mandated under the Act.

2. Precise submission made by learned counsel for the petitioner is that the petitioner was prosecuted in the complaint bearing COMA/2901/2019 filed under Section 138 of the Negotiable Instruments Act. He has submitted that the complainant had given the raw material to the petitioner of Rs.3,64,000/- and the petitioner issued a cheque bearing No.875934 amounting to Rs.3,64,894 dated 08.08.2019 to the complainant. He has submitted that the said cheque was returned to the complainant as dishonored by the Bank with the remarks "Funds Insufficient". He has submitted that the complainant has filed the

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