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High Court of Punjab and Haryana · body

2023 DAILYLAW 4669 (PNJ)

YOGESH TYAGI v. STATE OF HARYANA AND ANOTHER

CRM-M/67178/2025 · 2026-01-31

H S Grewal

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

                       !  " !  "" !#     ! $%& ''%()*+ +  ,      , -           ). / + ,+,+ 0 /+ 1111                         Mr. Vijay Kumar, AAG, Haryana.  +,+ 0 /2 + /    !  "#"$     $  % &" $  $  !"#   ' (()*+*,(-.   /" "$ !  ., Bharatiya Nagrik Suraksha Sanhita, 2023 seeking quashing of order dated 27.10.2025 passed by the trial Court in a Complaint Case No.1050 of 2016 dated 30.01.2016 (Old Complaint No.235 of 2015) filed under Section 138 of the N.I. Act, 1881. 3. Learned counsel for the petitioner submits that the petitioner (accused in the trial Court) has examined ten material witnesses in his defence, RAJENDER KUMAR 2026.02.03 12:19 I attest to the accuracy and authenticity of this order      and he wants to examine four more witnesses mentioned at Sr. No.09 to 12 in the list of defence witnesses 01! (5) furnished by him before the trial Court. He further submits that despite issuance of bailable warrants, the presence of the said witnesses could not be secured. It is further submitted that vide the impugned order dated 27.10.2025, the trial Court has dismissed the application of the petitioner for summoning the abovesaid witnesses through non-bailable warrants solely on the ground that the petitioner failed to furnish the addresses of the said witnesses, who are stated to be residing in Dubai and USA. Learned counsel further argued that the said witnesses are not residing in Dubai or USA, rather they are facing trial under Section 138 of the N.I. Act, 1881 in the Court of JMIC, Gurugram itself and are being duly represented by their counsel. Even the complainant therein is also the same person, who has filed the complaint against the petitioner herein. He further submits that the said witnesses are regularly appearing before the Court at Gurugram and can easily be served through the Court where they are appearing. 2  3 !  #"  ' ( ()*+*,(-. !" ! $  " #4 # -*5!  !  '!  # $   !   $    .  3  '! !"      #! $!"4 4     $# RAJENDER KUMAR 2026.02.03 12:19 I attest to the accuracy and authenticity of this order     )  6   !     # !#!     "   4  "  *  %  !  !    !!    "  "$     '!   !       " 4  $ 4    $  "$  !    4 #   7 '! '( 1  #!  $ #'!  ,  6 #"!#  *+--. "$   '!  !  4  !#  '!  4         " #  $    # #!  $/  ))08 -9"   #  ! '!    #  "  $: !$"#    0  8 (14 ;    4 # $   +,+ 0 /  *2 +                       RAJENDER KUMAR 2026.02.03 12:19 I attest to the accuracy and authenticity of this order