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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Nanak Chand Tayal – Appellant
Versus
Sunil Dutt Bansal – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. This common order shall dispose of all five of the above-mentioned cases as they arise from the similar factual matrix. However, for the sake of brevity, facts are culled out from CRM-M-15356-2022.
2. The present petition is preferred under Section 482 of the Cr.P.C. seeking quashing of complaint no. NACT-11028 of 2018 dated 17.12.2018 titled 'Sunil Dutt Bansal v. SRS Buildmart Pvt Ltd and ors' (Annexure P-1) under Sections 138 read with Section 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act') and all subsequent proceedings arising therefrom including summoning order dated 23.12.2021 passed by learned Judicial Magistrate 1st Class, Faridabad (Annexure P-3) under Section 138 of the NI Act.
FACTUAL MATRIX
3. Briefly, the facts are that petitioners are the Directors of a company named SRS Buildmart Private Limited. Allegedly, the petitioners along with other accused allured the respondent to invest money to the tune of Rs. 15,42,000/- in their company. When the respondent-complainant requested them to return his principal amount (Rs. 15,42,000/-) then the petitioners in order to discharge their legal liabilit
The legal presumption under Section 139 of the NI Act favors the complainant, and factual disputes must be resolved at trial, not pre-trial.
The main legal point established in the judgment is that disputed questions of facts and alleged financial fraud require a full-fledged trial and cannot be decided at the stage of quashing the compla....
(1) Dishonour of cheques – Under Section 138 of NI Act, a separate cause of action arises upon each dishonour of a cheque provided statutory sequence of presentation, dishonour, notice, and failure t....
Directors' liability under the Negotiable Instruments Act does not require specific averments if they signed the cheques on behalf of the company.
The court emphasized the need for uncontrovertible material to support contentions raised in applications and held that the complaints should not be quashed at this stage.
The necessity of specific averments to fasten vicarious liability on a director under Section 141 of the N.I. Act, and the inability to quash the prosecution based on lack of specific averments in th....
Dishonour of cheque – Consequences of scuttling criminal process at a pre-trial stage can be grave and irreparable.
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