AMARJIT SINGH S/O HARDEV SINGH v. INDUSIND BANK LTD
CRLMP/2017/2025 · 2025-04-08
Praveer Bhatnagar
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 14564 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14564 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:15671] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No.2017/2025 Amarjit Singh S/o Hardev Singh, Aged About 44 Years, Resident Of House No.114, Village- Dhakrhaba, Tehsil Patala, Distt. Patiala, Punjab-147001. ----Petitioner Versus Indusind Bank Ltd, Having Its Registered Office At 2401, General Thimmaya Road (Cantonment), Pune-411001 And Branch Office At Indusind Bank Ltd, 2 Nd Floor, Sangam Tower, Church Road, Off. M.i. Road, Jaipur- 302001 Through Its Authorised Signatory Mr. Rinki Sharma. ----Respondent For Petitioner(s) : Mr. Harshit Kakani, Adv. And Mr. Hemant Kumar Singh, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 08/04/2025
1. The instant S.B. Criminal Miscellaneous Petition filed under Section 528 of BNSS for quashing of impugned complaint dated 22.09.2023 under Section 138 of the Negotiable of Instruments Act, 1881.
2. It is contended by learned counsel for the petitioner that the court below wrongly took the cognizance under Section 138 read with Section 142 of Negotiable of Instruments Act, 1881 vide impugned order dated 13.10.2023. The learned counsel for the petitioner has relied on the judgments of Harman Electronics Private Limited v. National Panasonic India Private Limited, (2009) 1 SCC 720 and Shakti Travel & Tours v. State of
[2025:RJ-JP:15671] (2 of 2) [CRLMP-2017/2025] Bihar & Anr., (2002) 9 SCC 415, wherein the Apex Court in Special Leave Petition has quashed the proceedings initiated under Section 138 of NI Act.
3. Heard and considered.
4. The accused-petitioner in the present case ought to have applied for appropriate remedy available under the law and should have challenged the said order before the appropriate forum. The
Judgment cited by the learned counsel for the petitioner is not applicable to the facts and circumstances of the present case. Hence, no case is made out to invoke the inherent powers of this Court and to interfere with the impugned cognizance order dated 13.10.2023 and to set aside the impugned complaint dated
22.09.2023.
5. Accordingly, the instant petition stands dismissed as devoid of any merit.
(PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-55