IN THE HIGH COURT OF PUNJAB & HARYANA 283 Randhir Singh Jatinder Singh CORAM : HON'BLE MR. JUSTICE Present :- Mr. VINOD S. BHARDWAJ The present petition has been Bharatiya Nagarik Suraksha Sanhita, 2023 Complaint No. NACT under Section 138 of the Negotiable Instruments Act, 1881. The petitioner also impugns the summon Court alongwith proclaimed person 2. On 20.11.2025, when the matter came up for hearing before this Court, the following order was passed: contends that the proceedings have wrongly been initiated against him and that he was never aware of the institution of the case since the petitioner had shifted to Zirakpur, Punjab while the summons were being se contends that the disputed cheque qua which the complaint has been initiated was for a sum of Rs. 1,50,000/ IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-65591 Date of decision: VERSUS HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Mr. D.S. Virk, Advocate for the petitioner. ***** VINOD S. BHARDWAJ, J. (Oral) The present petition has been filed Bharatiya Nagarik Suraksha Sanhita, 2023 Complaint No. NACT-50-2018 dated 14.02.2018 filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881. The petitioner also impugns the summoning order dated 31.08.2018 passed by the Trial alongwith the order dated 09.08.2023 whereby he w proclaimed person. On 20.11.2025, when the matter came up for hearing before this following order was passed:- “Learned Counsel appearing on behalf of the petitioner contends that the proceedings have wrongly been initiated against him and that he was never aware of the institution of the case since the petitioner had shifted to Zirakpur, Punjab while the summons were being sent to the native address in Jind. He contends that the disputed cheque qua which the complaint has been initiated was for a sum of Rs. 1,50,000/ IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 65591-2025(O&M) Date of decision: 12.02.2026 ...Petitioner ...Respondent VINOD S. BHARDWAJ , Advocate for the petitioner. filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for seeking quashing of 2018 dated 14.02.2018 filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881. The petitioner ing order dated 31.08.2018 passed by the Trial the order dated 09.08.2023 whereby he was declared a On 20.11.2025, when the matter came up for hearing before this nsel appearing on behalf of the petitioner contends that the proceedings have wrongly been initiated against him and that he was never aware of the institution of the case since the petitioner had shifted to Zirakpur, Punjab while nt to the native address in Jind. He contends that the disputed cheque qua which the complaint has been initiated was for a sum of Rs. 1,50,000/- and that he is SUMIT SINGH GUSAIN 2026.02.16 20:31 I attest to the accuracy and integrity of this document 2 283 CRM-M-65591-2025(O&M) ready and willing to settle the entire dispute and that in order to show his bona fide, he shall deposit a sum of Rs. 1,65,000/- i.e. Rs. 1,50,000/- as Principal amount alongwith 10% of the principal amount, with the Registrar of this Court within a period of two weeks. Notice of motion, subject to the petitioner depositing the aforesaid amount with the Registrar. Let notice be issued to respondent for 12.02.2026. Further proceedings in Complaint No. NACT-50-2018 dated 14.02.2018 shall thereupon remain stayed till the next date of hearing.” 3. Learned counsel for the petitioner submits that in compliance with the undertaking given to this Court as well as the judgment of the Hon’ble Supreme Court in the matter of ‘Sanjabij Tari Vs. Kishore S. Borcar’, reported as 2025 SCC OnLine SC 2069, a sum of Rs.1,65,000/- (inclusive of 10% over and above the principal amount of Rs.1,50,000/-) has been duly deposited with the Registry of this Court before the Registrar, Punjab and Haryana High Court, Chandigarh. It is further submitted that the said amount be released in favour of the respondent and, in view of the settlement, the proceedings initiated against the petitioner be quashed. 4. Mr. Rahul Garg, Advocate, has entered appearance on behalf of the respondent and has filed his Power of Attorney, which is taken on record. Learned counsel for the respondent submits that he has no objection if the complaint under Section 138 of the Negotiable Instruments Act, 1881 and all consequential proceedings pending before the learned Trial Court are SUMIT SINGH GUSAIN 2026.02.16 20:31 I attest to the accuracy and integrity of this document 3 283 CRM-M-65591-2025(O&M) quashed and the amount deposited by the petitioner with the Registry of this Court is released in favour of the respondent. A statement to this effect has also been made in writing in Court today and is taken on record as ‘Mark X’. 5. In view of the statements made by learned counsel for the parties and the fact that the entire cheque amount along with additional compensation i.e. stands deposited, the present petition is allowed. Complaint No. NACT-50-2018 dated 14.02.2018 filed under Section 138 of the Negotiable Instruments Act, 1881 and all consequential proceedings arising therefrom, including the summoning order dated 31.08.2018 and the order dated 09.08.2023 declaring the petitioner as a proclaimed person, are hereby quashed. 6. It is further directed that the amount of Rs.1,65,000/- deposited by the petitioner with the Registry of this Court before the Registrar, Punjab and Haryana High Court, Chandigarh be released in favour of the respondent/complainant, as per rules. (VINOD S. BHARDWAJ) 12.02.2026 JUDGE Sumit Gusain Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.02.16 20:31 I attest to the accuracy and integrity of this document