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High Court of Punjab and Haryana · body

2026 DAILYLAW 34662 (PNJ)

KARAN AHUJA v. STATE OF HARYANA AND ANOTHER

CRM-M/40206/2026 · 2026-07-28

N S Shekhawat

body2026

Judgment text

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111144444444 IIIINNNN TTTTHHHHEEEE HHHHIIIIGGGGHHHH CCCCOOOOUUUURRRRTTTT OOOOFFFF PPPPUUUUNNNNJJJJAAAABBBB AAAANNNNDDDD HHHHAAAARRRRYYYYAAAANNNNAAAA AAAATTTT CCCCHHHHAAAANNNNDDDDIIIIGGGGAAAARRRRHHHH CCCCRRRRM M M M----M M M M----44440000222200006666----2222000022226666 Date of Decision:28.07.2026 KKKKAAAARRRRAAAANNNN AAAAHHHHUUUUJJJJAAAA ...Petitioner(s) Vs. SSSSTTTTAAAATTTTEEEE OOOOFFFF HHHHAAAARRRRYYYYAAAANNNNAAAA AAAANNNNDDDD AAAANNNNOOOOTTTTHHHHEEEERRRR ...Respondent(s) CCCCOOOORRRRAAAAM M M M :::: HHHHOOOONNNN''''BBBBLLLLEEEE M M M MRRRR.... JJJJUUUUSSSSTTTTIIIICCCCEEEE NNNN....SSSS....SSSSHHHHEEEEKKKKHHHHAAAAW W W WAAAATTTT Present : Mr. Virender Kumar, Advocate for the petitioner. Mr. Parmod Kumar, AAG, Haryana NNNN....SSSS....SSSSHHHHEEEEKKKKHHHHAAAAW W W WAAAATTTT,,,, JJJJ.... ((((OOOOrrrraaaallll)))) 1. The petitioner has filed the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with a prayer to quash the orders dated 28.02.2025 (Annexure P-1), 02.08.2025 (Annexure P-2), 02.01.2026 (Annexure P-3) and order dated 14.07.2026 (Annexure P-4) passed by the Court of Judicial Magistrate 1st Class, Hisar in complaint case, CNR No.:HRHS030275842024, Case No. NACT-4856-2024 under Section 138 of Negotiable Instruments Act, 1881, titled NNNNeeeeeeeettttiiiikkkkaaaa GGGGuuuuppppttttaaaa VVVVssss.... M M M M////ssss DDDDaaaayyyyaaaallll AAAAssssssssoooocccciiiiaaaatttteeee,,,, vide which bailable and non-bailable warrants were issued against the petitioner. 2. Learned counsel for the petitioner submits that petitioner was summoned as an accused in complaint case titled Neetika Gupta Vs. M/s Dayal Associate under Section 138 of Negotiable Instruments Act, 1881. Though, petitioner was never served the summons, his presence was ordered to be secured through bailable warrants on 28.02.2025 and 02.08.2025 and AMIT RANA 2026.07.30 12:05 I attest to the accuracy and authenticity of this judgement/order CCCCRRRRM M M M----M M M M----44440000222200006666----2222000022226666 ----2222---- thereafter, through non-bailable warrants. Learned counsel submits that petitioner had nothing to do with the cheque case nor was ever served with the summons or the bailable warrants and the order of learned Judicial Magistrate Ist Class, Hisar dated 14.07.2026 was illegal and is liable to be quashed. 3. I have heard learned counsel for the parties and perused the record. 4. From Annexure P-1, case status reflected on the e-Courts Mission Mode Project website and the daily orders placed on record, it appears that petitioner has been summoned as an accused. Non-bailable warrants have been issued only to secure his presence in the trial. The offence under Section 138 Negotiable Instruments Act, 1881 being bailable in nature, petitioner is directed to put in appearance before the trial Court/Duty Magistrate, Hisar on the date fixed i.e. 14.08.2026 and he shall be admitted to bail subject to his furnishing bail bonds and surety bonds to the satisfaction of trial Court/Duty Magistrate. Till then, non-bailable warrants issued against the petitioner shall be kept in abeyance. 5. Petition stands disposed of on the aforesaid terms. 6. Pending CRM(s), if any, are also disposed of accordingly. 28.07.2026 ((((NNNN....SSSS....SSSSHHHHEEEEKKKKHHHHAAAAW W W WAAAATTTT)))) amit rana JJJJUUUUDDDDGGGGEEEE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No AMIT RANA 2026.07.30 12:05 I attest to the accuracy and authenticity of this judgement/order