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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Karun Menon – Appellant
Versus
Healthians Research Centre Private Limited – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
CRM-20157-2025 in CRM-M-24996-2025
1. Prayer in this application filed under Section 528 of BNSS, 2023 is for preponing the date fixed in the main petition.
Heard.
For the reasons stated in the application, the same is allowed and the main case, which is fixed for 02.06.2025, is taken up today for hearing.
CRM-M Nos.24996, 26457, 26616, 26643 and 26655 of 2025
1. Vide this common order, I intend to dispose of CRM-M Nos.24996, 26457, 26616, 26643 and 26655 of 2025, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CRM-M-24996-2025.
2. Tabulated Summary of all the petitions preferred under Section 528 of BNSS, 2023, seeking quashing of criminal complaints and subsequent orders, are as follows:-
Sr. No. | Petition No. | Complaint No. | Filed Under Section(s) | Date of Summoning Order | Date of Order passed in Revision |
1. | CRM-M-249962025 | Complaint No.71739 of 2023 | Section 138 read with Section 142 of the Negotiable Instrument s Act, 1881 | 31.03.2023 | 08.04.2025 |
2. | CRM-M-264572025 | Complaint No.5662 of 2023 | Section 138 read with Section 142 of the Negotiable Instrument s Act, 1881 | 31.03.2023 | 08.04.2025 |
3. | CRM-M-2661620 | ||||
For summoning under Section 138 of the NI Act, recording of statements under Sections 200 and 202 Cr.P.C. is not required, and the evidence of the complainant may be given by affidavit as per Section....
The court established that the issuance of a cheque, even if post-dated or issued as security, can constitute a legally enforceable debt under Sec. 138 of the N.I. Act, and that the inquiry under Sec....
The court established that the amendment to Section 202(1) of the Cr.P.C. requires an inquiry only when the accused resides outside the jurisdiction, but if sufficient grounds are evident from the re....
The court established that a magistrate must provide an opportunity for the accused to be heard before taking cognizance of criminal complaints, ensuring adherence to procedural justice under Section....
(1) Dishonour of cheque – A post-dated cheque issued after debt has been incurred would be covered by definition of ‘debt’ – However, if sum payable depends on a contingent event, then it takes colou....
An inquiry under Section 202 of the CrPC is mandatory before issuing summons to an accused residing outside the Magistrate's jurisdiction in cases under Section 138 of the NI Act.
The court emphasized the limited scope of inquiry at the stage of issuance of summons under Section 138 of the NI Act and the applicability of the rebuttable presumption under Section 139 of the NI A....
The inquiry under Section 202 Cr.P.C. is mandatory before issuing summons to an accused residing outside the jurisdiction, as established by the Supreme Court.
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