Shingar Jewellers vs Charanjit Singh - 2025 Supreme(P&H) 1159

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2025 Supreme(P&H) 1159

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Shingar Jewellers – Appellant
Versus
Charanjit Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Ms. Jasmine, Advocate for Mr. Prateek Sodhi, Advocate

JUDGMENT :

Harpreet Singh Brar, J. (Oral)

The present petition has been filed under Section 528 BNSS, 2023 for quashing/setting aside the order dated 07.02.2025, whereby evidence of petitioner has been closed (Annexure P-4) and order dated 04.03.2025, whereby application filed by the petitioner under Section 311 Cr.P.C. has been dismissed (Annexure P-6), both passed by learned Judicial Magistrate Ist Class, Amritsar in case stemming from a complaint case filed under Section 138 of Negotiable Instruments Act, 1881.

2. Learned counsel for the petitioner inter alia contends that without there being any justifiable cause or fault on the part of the petitioner, the evidence of the petitioner was closed by impugned order. She further contends that it is a matter of record that despite issuance of summons and non-bailable warrants, witness of the Excise and Taxation Department did not appear. Thereafter, the evidence of the petitioner was closed by order. She submits that the petitioner has duly served the witness through dasti process and also deposited the diet money. As such, in the aforesaid circumstances, it was incumbent upon learned trial Court to adopt coercive methods to ensure the

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