IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

246 CRM-A-2017-MA-2018 (O&M)

Decided on : 03.11.2025 Palbachan Singh . . . Appellant Versus Harpreet Singh . . . Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY PRESENT: Mr. Sanjiv Gupta, Sr. Advocate with Mr. Naveen Jhajholia, Advocate for the appellant.

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AMAN CHAUDHARY , J. (Oral)

1. The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking grant of leave to appeal against the order dated 20.07.2018 passed by learned Addl. Chief Judicial Magistrate, SAS Nagar, Mohali, vide which the complaint under Section 138 of the Negotiable Instruments Act read with Section 420 IPC, was ordered to be dismissed in default for want of prosecution.

2. As it emerges from the factual matrix, the accused-respondent No.2 had issued three cheques amounting to a total of Rs.35,00,000/- in favour of the complainant-applicant, to discharge his legal debt, which on presentation got dishonoured, due to ‘funds insufficient’. A complaint under Section 138 of the Negotiable Instruments Act was filed, wherein summoning order was passed, but due to absence of the complainant- a