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CRM-M-43627-2023 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRM-M-43627-2023

Baljeet Singh

...Petitioner

Versus

Maninder Singh 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. Jaspreet Singh Brar, Advocate,

for the petitioner.

None for respondent No. 1-complainant.

****

SANJAY VASHISTH, J.

1. Petitioner – Baljeet Singh has filed the instant petition,

under Section 482 Cr.P.C. (Section 528 of BNSS, 2023), for setting aside

order dated 17.05.2023 (Annexure P-7), passed by the Court of learned

Judicial Magistrate Ist Class, Faridkot, in Criminal Complaint No.

NACT-787-2021 (Annexure P-3), titled as “Maninder Singh v. Baljeet

Singh”, allowing the application under Section 143-A of the Negotiable

Instruments Act, 1881 (for short, ‘the NI Act’), filed by respondent No.

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CRM-M-43627-2023 2

1/complainant, and directing the petitioner to pay interim compensation

to the tune of 20% of the cheque amount.

The petitioner has also challenged the order dated

26.07.2023 (Annexure P-9), passed by learned Sessions Judge, Faridkot,

in Criminal Revision No. 26 of 05.07.2023 (Annexure P-8), vide which

while upholding the impugned order dated 17.05.2023 (Annexure P-7)

passed by the Trial Court, revision petition filed by the petitioner was

dismissed.

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

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

that on 04.02.2019, the petitioner took a cash loan of Rs. 11,00,000/-

from him and agreed to pay interest @ 12% per annum, and also

executed a pronote in his favour. The said loan amount was to be

returned within 2 – 2½ years. Petitioner/accused also issued a cheque

No. 465230, dated 03.06.2021, amounting to Rs. 14,08,000/- from his

Account No. 02062413000137 in Punjab National Bank, Faridkot. When

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

15.06.2021, with endorsement “PAYMENT STOPPED BY

DRAWER”

After filing of the complaint (Annexure P-3), Trial Court

took cognizance and ordered summoning of the petitioner/accused to face

trial for an offence punishable under Section 138 of the NI Act, vide

order dated 19.10.2021. During pendency of the trial, an application

under Section 143-A of the NI Act was filed by respondent No.

1/complainant seeking interim compensation, which was decided by way

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CRM-M-43627-2023 3

of impugned order dated 17.05.2023 (Annexure P-7), directing the

petitioner/accused to pay 20% of the cheque amount as interim

compensation to the complainant, within a period of 60 days.

Feeling aggrieved, the petitioner preferred aforementioned

revision petition, which was also dismissed, vide order dated 26.07.2023

(Annexure P-9), passed by learned Sessions Judge, Faridkot. Hence, the

present petition.

3. Learned counsel for the petitioner submitted that the

petitioner is an agriculturist and had dealings with one commission agent,

namely, Rajesh Kumar, owner of M/s Rajesh Kumar and Company, Shop

No. 24, New Grain Market, Faridkot. Said Rajesh Kumar had taken 10

blank signed cheques from the petitioner as security towards their loans.

Petitioner was not having any financial dealing with respondent No.

1/complainant. It was said Rajesh Kumar, Commission Agent, who had

got presented the cheque in question through his good friend Maninder

Singh (respondent No. 1/complainant).

Learned counsel for the petitioner further submitted that

after receiving summons of the complaint filed by respondent No. 1, and

apprehending misuse of other cheques, the petitioner also filed a

representation/complaint dated 03.11.2021 (Annexure P-5), to the Senior

S