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2023 Supreme(Online)(P&H) 35105

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH – Appellant
Versus
UT CHANDIGARH AND ANR – Respondent


IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

249 Date of decision: 02.04.2026

1. CRM-M-63681-2023 2. CRM-M-63684-2023 GURVINDER SINGH V/S UT CHANDIGARH AND ANR CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present : Mr. Ramesh Chand Sharma, Advocate for the petitioner.

Mr. Samir Rathour, Addl. PP, UT Chandigarh.

Ms. Isha Goyal, Advocate for respondent No.2. (through VC)

*****

AMAN CHAUDHARY, J. (ORAL)

1. Prayer made in the present petitions for quashing the impugned order dated 12.09.2023 passed by learned Judicial Magistrate First Class, Chandigarh, in complaint cases No.NACT-4729 and 4730/2022 dated 30.07.2022 filed under Section 138 of NI Act, vide which the petitioner was declared as proclaimed person.

2. Learned counsel submits that the petitioner did not receive summons in the complaint filed under Section 138 of the Negotiable Instruments Act, on account of the fact that the petitioner had shifted his place of business to Property No.2053/18 Dr. Ambedkaar Nagar Near Mohall Fatehganj Ludhiana, Annexures P4 to P8 while in the complaint, his previous address was mentioned. Thus, the procedure prescribed under Section 82 Cr.P.C. has not been complied with in letter and spirit. H

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