286 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 21.01.2026.

(1)

CRM-M-55799-2025 (O&M)

BALWINDER KUMAR ...Petitioner(s)

VERSUS STATE OF HARYANA AND ANOTHER ...Respondent(s)

(2)

CRM-M-54144-2025 (O&M)

BALWINDER KUMAR ...Petitioner(s)

VERSUS STATE OF HARYANA AND ANOTHER …Respondent(s)

(3)

CRM-M-54150-2025 (O&M)

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BALWINDER KUMAR ......Petitioner VERSUS STATE OF HARYANA AND ANOTHER .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. S.L. Saha, Advocate, for the petitioner.

Mr. Onkar Singh Wahla, Sr. DAG, Haryana.

Mr. Nikhil Mittal, Advocate, for respondent No.2.

VINOD S. BHARDWAJ, J. (Oral)

The above-mentioned three petitions, seeking quashing of the criminal complaints, the conviction recorded therein and the subsequent proceedings arising therefrom, are being decided by this common order, as they pertain to the same parties and emanate from the same dispute. For the sake of convenience and brevity, the facts are being adverted to from CRM-

M-55799-2025. The details of the cases are however tabulated as under: -

2. Prayer in the above petitions under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of the criminal complaint bearing No.NACT No.1404 of 2017 dated 05.12.2017 and all subsequent proceedings arising out of said complaint along with judgment of conviction dated 02.07.2019 (Annexure P-2), on the basis of compromise dated

01.09.2025 (Annexure P-3).

3. Briefly summarized, the facts of the case are that the petitioner- borrowed an amount of Rs.2,80,000/- from the complainant for his house repair and domestic needs. In discharge of his legally enforceable liability, petitioner issued following three cheques:-

Cheque No.003635 dated 25.09.2017 of ICICI Bank Pipli Branch, Ladwa Road, District Kurukshetra for Rs.30,000/-

Cheque No.00353 dated 25.09.2017 of ICICI Bank Pipli Branch, Ladwa road, District Kurukshetra for Rs.1,50,000/-

Cheque No.003634 dated 25.09.2017 of ICICI Bank Pipli Branch Ladwa road, District Kurukshetra for Rs.1,00,000/- to the complainant

4. At the time of issuance of the cheques, the petitioner assured the complainant that he was maintaining sufficient funds in his bank account, that the account was operative and that the cheques would be duly honoured upon presentation. Acting on such assurances, the complainant accepted the cheques from the petitioner. Thereafter, the complainant presented cheque No. 003634 dated 25.09.2017, drawn on ICICI Bank, Pipli Branch, Ladwa Road, Pipli, District Kurukshetra, through Punjab National Bank, Kathgarh, for encashment. However, vide return memo dated 09.10.2017, the said cheque was dishonoured vide endorsement Refer to drawer”. Upon being informed of the dishonour by the bank, the complainant claim to have approached the petitioner and requested for payment of the cheque amount but the petitioner did not pay any heed to the said request nor made payment, thereby giving rise to further proceedings.

5 Complainant served a legal notice dated 07.11.2017 informing the petitioner qua the dishonour of the said cheque and the petitioner was advised to send a demand draft of Rs.1,00,000/- within a period of fifteen days of the receipt of the said notice and that in case the payment is not received within said stipulated period, then the complainant-respondent shall take legal action under Section 138 and 142 of Negotiable Instruments Act. However, the same was not done whereupon the complaint under Section 138 of the Negotiable Instruments Act came to be filed before the Judicial Magistrate, 1st Class, Jalandhar. The petitioner-accused pleaded not guilty and claimed trial.

6 Vide judgment and order of sentence dated 02.07.2019 passed by Judicial Magistrate First Class, Kurukshetra, petitioner was convicted and sentenced to undergo simple imprisonment for a period of nine months for commission of offence under Section 138 of the Negotiable Instruments Act, 1881. Petitioner filed an appeal against the abovesaid judgment of