Pradeep Sharma vs Arun Kumar Patel @ Sameer

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 1283

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Pradeep Sharma – Appellant
Versus
Arun Kumar Patel @ Sameer – Respondent

Advocates Appeared:
For the Appellant :Mr. Gaurav Gupta, Advocate
For the Respondent:Mr. Sandeep Kotla, Advocate

JUDGMENT :

Manisha Batra, J. (Oral)

1. The present petition has been filed by the petitioner under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS') making prayer for quashing the order dated 03.12.2024 (Annexure P-5), passed by the Court of learned Judicial Magistrate First Class, Faridabad in complaint bearing NACT No. 961 of 2021, titled as Pradeep Sharma vs. Arun Kumar Patel @ Sameer, filed under Section 138 of the Negotiable Instruments Act, 1881 (for short N. I. Act), whereby an application filed by the petitioner/complainant under Section 311 of the Code of Criminal Procedure (for short the Code') had been dismissed.

2. Briefly stated, the relevant facts of the case are that the aforesaid complaint has been filed by the petitioner under Section 138 of the N. I. Act on the allegations that the petitioner had given a friendly loan of Rs. 20,00,000/- to the respondent. In order to discharge his liability, the respondent had issued two cheques for an amount of Rs. 10,00,000/- each on 03.02.2021 but on presentation of the same before the banker of the petitioner, the same were dishonoured with the remarks funds insufficient'. The respondent failed to pay the

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