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CRM-M-40106-2025 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRM-M-40106-2025

Gulab Singh

...Petitioner

Versus

Anil Kumar and another

...Respondents

1. Date when Order was reserved 23.12.2025

2. Date of Pronouncement of Order 30.01.2026

3. Date of uploading Order 30.01.2026

4. Whether operative part or full Order FULL

is pronounced

5. Delay, if any, in pronouncing of full NOT APPLICABLE

order, and reasons thereof

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present: Mr. H.S. Randhawa, Advocate,

Amicus Curiae.

Mr. Mohan Singla, Advocate,

for the petitioner.

****

SANJAY VASHISTH, J.

1. Petitioner – Gulab Singh has filed the instant petition, under

Section 528 of BNSS, 2023, for quashing/setting aside impugned order

dated 08.04.2025 (Annexure P-4), passed by the Court of learned Sub

Divisional Judicial Magistrate, Tohana, District Fatehabad, in Criminal

Complaint No. NACT-214-2023 (Annexure P-1), titled as “Anil Kumar v.

Gulab Singh and another”, allowing the application under Section 143-A

of the Negotiable Instruments Act, 1881 (for short, ‘the NI Act’), filed by

respondent No. 1/complainant, and directing the petitioner to pay interim

compensation to the tune of 20% of the cheque amount.

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2. Brief facts of the present case are that respondent No.

1/complainant filed a complaint under Section 138 of the NI Act, by

asserting that he is carrying the business of commission agent under the

name and style of M/s Mansa Ram Anil Kumar Commission Agent at

Shop No. 14-B, New Anaj Mandi, Tohana, District Fatehabad.

Complainant and petitioner were well known to each other and having

friendly relations for the last about 17 years. It is alleged that the

petitioner had been taking money from the complainant from time to time

on interest @ 12% per annum. On 28.10.2020 and 15.05.2021,

complainant transferred amount of Rs. 7,08,000, and Rs. 4,00,000/-,

respectively, on 15.05.2021 in the bank account of the petitioner through

RTGS, on credit basis. Other than this, the petitioner also took cash

amount from the complainant after signing in the account books. When

complainant made several requests to the petitioner to discharge his legal

liability, then the petitioner issued a cheque No. 000023, dated

05.07.2023 from joint account No. 50100196382268 of HDFC Bank

Branch, Jakhal, which account pertains to the petitioner and his wife –

Jasvir Kaur (accused No. 2/respondent No. 2 herein). When the said

cheque was presented to the bank, the same was returned on 06.07.2023,

with endorsement “Paper not received”. On the assurance given by the

petitioner, the said cheque was again presented to the bank after three

days for encashment. This time also it was again dishonoured on

12.07.2023, due to “Funds Insufficient”

After filing of the complaint dated 19.08.2023 (Annexure

P-1), Trial Court took cognizance and ordered summoning of the

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petitioner/accused to face trial for an offence punishable under Section

138 of the NI Act. Thereafter, an application, dated 25.09.2024

(Annexure P-2), under Section 143-A of the NI Act, was filed by

respondent No. 1/complainant seeking interim compensation.

Reply, dated 24.02.2025 (Annexure P-3), to the said

application was filed by the petitioner, by taking the following stand:-

“1. That complaint of the complainant is based on the

account books entries in the cash book and all the

cash entries reflected therein are forged, fabricated

and interpolated, written to harass and humiliate the

respondent and to burden him with the cost of

litigation and as such without proving the liability, the

respondent can not be burdened with the amount of

20% as compensation as per the application of the

complainant.

2. That the original cheque which is on the file has filled

without any authorisation of the respondent and also

for an amount which was never due against the

complainant and the same is written for an amount

which was never a