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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJDAVINDER KAUR – Appellant
Versus
DR. MULKH RAJ AND OTHERS – Respondent
JUDGMENT :
MANISHA BATRA, J.
1. The petitioner is seeking quashing of order dated 30.10.2024 (Annexure P-22), passed by the Court of learned Judicial Magistrate First Class, Nabha in Criminal Complaint bearing No. COMA/166/2018, tiled as Dr. Mulkh Raj vs. Harjeet Singh and others, filed under Sections 138, 141 and 142 of the Negotiable Instruments Act, 1881 (for short ‘N. I. Act’), whereby an application moved by the petitioner seeking her discharge, had been dismissed.
2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned complaint has been filed by respondent No. 1/complainant against the petitioner, her husband Harjeet Singh and M/s Guru Ram Dass Agro Industries & Implements (for short ‘firm’) on the allegations that the petitioner and her husband, who were partners in the firm, had insisted him to provide financial help. Respondent No.1 had given a cheque for a sum of Rs.5 Lakhs to them in December, 2013 and cash amount of Rs.3 Lakhs in March, 2014. They had subsequently induced him to get collateral guarantee given by one farmer to them to the tune of Rs.14.50 Lakhs on the representation that on release of such guarantee, the farmer woul
The legal presumption under Section 139 of the NI Act favors the complainant, and factual disputes must be resolved at trial, not pre-trial.
A director's personal endorsement of a cheque can implicate a company in liability under the NI Act, reinforcing the scrutiny necessary in summoning orders.
The court reaffirmed that the presumption of liability under Section 139 of the Negotiable Instruments Act must be established through evidence at trial, not pre-trial.
Once a party is discharged in a proceeding, they cannot be summoned again without a challenge to that discharge order, as per the procedural requirements of the law.
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