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2020 DAILYLAW 2192 (PNJ)

M/S BIOWORTH PHARMACLS v. STATE OF PUNJAB AND OTHERS

CRM-M/23790/2020 · 2026-04-10

Vinod S Bhardwaj

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Judgment text

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IN THE 226 (04 cases) 1. CRM-M- M/s Bioworth Pharmacls State of Punjab and 2. CRM-M- M/s Bioworth Pharmacls State of Punjab and 3. CRM-M- M/s Bioworth Pharmacls M/s Vansh Traders 4. CRM-M- M/s Bioworth Pharmacls State of Punjab and CORAM : HON'BLE Present :- Mr. in all Dr. for CRM for Mr. in CRM CRM in CRM VINOD S. BHARDWAJ All order, as they involve albeit arising out 2. A brief THE HIGH COURT OF PUNJAB AT CHANDIGARH CRM-M-23790 CRM-M-24501 CRM-M-35220 CRM-M-24714 Date of decision: -23790-2020 Pharmacls VERSUS and another -24501-2020 Pharmacls VERSUS and another -35220-2020 Pharmacls VERSUS Traders and Anr. ...Respondent(s) -24714-2020 Pharmacls VERSUS and another HON'BLE MR. JUSTICE VINOD Mr. Sushil Jian, Advocate for the petitioner(s) all the petitions. (Ms.) Savi Nagpal, AAG, Punjab the respondent No.1/State in CRM CRM-M-24501-2020; CRM-M-24714 respondent No.2 in CRM-M-35220 Mr. Sandeep Arora, Advocate for respondent CRM-M-23790-2020; CRM-M-24501 CRM-M-24714-2020 & for respondent CRM-M-35220-2020. ***** BHARDWAJ, J. (Oral) the four petitions are being decided involve identical issues between out of separate complaints filed by the brief reference to facts is however PUNJAB & HARYANA CHANDIGARH 23790-2020 (O&M); 24501-2020 (O&M); 35220-2020 (O&M) & 24714-2020 (O&M) decision: 10.04.2026 ...Petitioner (s) ...Respondent(s) ...Petitioner(s) ...Respondent(s) ...Petitioner(s) ...Respondent(s) ...Petitioner(s) ...Respondent(s) VINOD S. BHARDWAJ petitioner(s) Punjab CRM-M-23790-2020; 24714-2020 & 35220-2020. respondent No.2 24501-2020; pondent No.1 decided by way of this common the same contesting parties, the respondent–complainant. however being made from CRM-M- SUMIT SINGH GUSAIN 2026.04.15 14:18 I attest to the accuracy and integrity of this document 2 226 (04 cases) CRM-M-23790-2020 (O&M); CRM-M-24501-2020 (O&M); CRM-M-35220-2020 (O&M) & CRM-M-24714-2020 (O&M) 23790-2020 titled as ”M/s Bioworth Pharmacls Vs. State of Punjab and another”. 3. Challenge in the abovesaid petition is to the order dated 10.11.2017 passed in Criminal Complaint No.44992/2013 titled as ”M/s Vansh Traders Vs. M/s Bioworth Parmacls” under Section 13 of the Negotiable Instruments Act, 1881, whereby the Judicial Magistrate First Class, Ludhiana declared the petitioner(s) as proclaimed person(s) under Section 82 Cr.P.C. 4. The matter came up for hearing on 21.08.2020, when the following order was passed: ”Heard through video conferencing. Learned counsel for the petitioner(s) contends that the impugned order declaring the petitioner(s) as a 'proclaimed absconder' is erroneous inasmuch as due process under Section 82 of the Code of Criminal Procedure, 1973, was not complied with. He also contends that the petitioner(s) has been residing at his residence in Sonipat (Haryana) for over 20 years and service was not effected at the address where he was residing. He also contends that the petitioner(s) is ready to compromise the matter with respondent No. 2 (complainant). The petitioner(s) is alleged to have issued cheques for a total sum of 3,00,000/- which are stated to have been dishonoured. Issue notice to the respondents returnable on 28.10.2020. On the petitioner(s) depositing 50% of the amount of the cheques with the Registrar of this Court, the operation of the impugned order shall remain stayed.” 5. During the pendency of the proceedings, the parties expressed their willingness to amicably resolve the issues. Accordingly, on 06.02.2026, SUMIT SINGH GUSAIN 2026.04.15 14:18 I attest to the accuracy and integrity of this document 3 226 (04 cases) CRM-M-23790-2020 (O&M); CRM-M-24501-2020 (O&M); CRM-M-35220-2020 (O&M) & CRM-M-24714-2020 (O&M) following order was passed:- ”Learned counsel appearing on behalf of the petitioner(s)s contends that the adjournment slip has been circulated since the settlement has already been arrived at between the parties and MoUs are in the process of being finalized as per which, a sum of Rs.13,50,000/- is to be paid by the petitioner(s)(s) to respondent No.2-complainant. Learned counsel for the respondent No.2- complainant contends that on payment of the agreed amount, they shall withdraw all the complaints instituted against the petitioner(s)s. List on 10.04.2026. Interim order to continue till the next date of hearing. A copy of this order be placed on the files of the connected cases.” 6. Learned counsel appearing on behalf of the petitioner(s) contends that the total agreed amount payable to the respondent-complainant was Rs.13,50,000/- which had been paid through a demand draft and three cheques, details whereof are as under: Sr. No. DD/Cheque No. Drawn On Amount 1. DD No.001289 HDFC Bank Rs.5,00,000/- 2. Cheque No. 004335 Bank of Baroda Rs.1,50,000/- 3. Cheque No. 004337 Bank of Baroda Rs.1,50,000/- 4. Cheque No. 004338 Bank of Baroda Rs.2,50,000/- 7. The abovesaid negotiable instruments have been handed over to the counsel for the respondent-complainant in the Open Court, who, in turn, SUMIT SINGH GUSAIN 2026.04.15 14:18 I attest to the accuracy and integrity of this document 4 226 (04 cases) CRM-M-23790-2020 (O&M); CRM-M-24501-2020 (O&M); CRM-M-35220-2020 (O&M) & CRM-M-24714-2020 (O&M) has handed over the same to Mr. Amit Mehra, Partner of the Complainant firm-M/s Vansh Traders. Counsel for the petitioner(s) further contends that an amount of Rs.2,97,860/- which had been deposited with the Registry of this Court, pursuant to the earlier orders, shall also be paid to the respondent- complainant upon its withdrawal from the registry and that the needful shall be done within a period of 01 month of the receipt of certified copy of this order. He further undertakes that the amounts handed over by way of demand draft and cheques shall be duly honoured upon their presentation. It is further submitted that, upon receipt of the entire settled amount, the respondent–complainant shall withdraw all the complaints in question, i.e., the four complaints out of which the present petitions arise, as well as any other complaint, if any, filed in relation to the subject matter of the present dispute. 8. The respondent–complainant, Mr. Amit Mehra, who is present in person before this Court along with his counsel, submits that no other complaint has been instituted by him in relation to the present dispute. He further states that he has no objection in the event the impugned order declaring the petitioner(s) as proclaimed person(s) is set aside. He further undertakes to withdraw the complaints on clearance of payments. 9. I have heard learned counsel for the respective parties and have gone through the documents appended alongwith the present petitions. 10. Without commenting into the merits of the case and taking into consideration that the dispute has been amicably resolved between the parties and that the petitioner(s) have agreed to pay the settled amount of Rs.13,50,000/- in the manner noticed hereinabove, the present petitions are SUMIT SINGH GUSAIN 2026.04.15 14:18 I attest to the accuracy and integrity of this document 5 226 (04 cases) CRM-M-23790-2020 (O&M); CRM-M-24501-2020 (O&M); CRM-M-35220-2020 (O&M) & CRM-M-24714-2020 (O&M) allowed. Consequently, the impugned orders dated 10.11.2017 passed in Criminal Complaint No. 44992 of 2013 (CRM-M-23790-2020), Criminal Complaint No. 44833 of 2013 (CRM-M-24501-2020), and Criminal Complaint No. 45512 of 2013 (CRM-M-24714-2020), whereby the petitioner(s) were declared as proclaimed person(s), are hereby set aside. 11. Insofar as CRM-M-35220-2020 is concerned, wherein quashing of Criminal Complaint No. 44834 has been sought by the petitioner, the same is hereby quashed, subject to the petitioner making payment of the agreed amount within the period as undertaken above. 12. It is, however, made clear that in the event of failure on the part of the petitioner to make payment within the stipulated period, the respondent–complainant shall be at liberty to seek revival of the complaint(s) in accordance with law. 13. Pending applications, if any, shall stand disposed of. (VINOD S. BHARDWAJ) 10.04.2026 JUDGE Sumit Gusain Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.04.15 14:18 I attest to the accuracy and integrity of this document