CRM-M-31736-2026 (O & M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (138) CRM-M-31736-2026 (O & M) Date of decision: 26.08.2026 Gurbir Singh …... Petitioner V/s Ajay Pal ...Respondent CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Deepak Aggarwal, Advocate, for the petitioner. **** JASJIT SINGH BEDI, J. (Oral) The prayer in the present petition under Section 528 BNSs (Section 482 Cr.P.C.) is for setting aside the order dated 17.12.2025 (Annexure P-6) passed by the Additional Sessions Judge, Sirsa in CRA- 208-2023 dated 01.07.2023 titled as ‘Gurbir Singh versus Ajay Pal’ in complaint No.93 dated 17.01.2020 filed by the petitioner under Section 432 BNSS (Section 391 Cr.P.C.) for placing on record the bank statement of the petitioner as additional evidence which has been dismissed. 2. The brief facts of the case are that the respondent- complainant/Ajay Pal (hereinafter after known as ‘the respondent’) filed a complaint under Section 138 of the Negotiable Instruments Act with the allegations that he had given an amount of Rs.33 lacs to the firm-M/s Hodiya Traders of the petitioner-accused/Gurbir Singh (hereinafter known as ‘the petitioner’). In discharge of its liability, the petitioner issued a cheque bearing No.017005 dated 11.12.2019 for a sum of Rs.33, 00,000/- to SUKHPREET KAUR 2026.08.27 11:01 I agree to specified portions of this document CRM-M-31736-2026 (O & M) ::2:: the respondent which was dishonoured. The complaint under Section 138 of the Negotiable Instruments Act was filed and on culmination of the Trial, the petitioner came to be convicted and sentenced vide a judgment of conviction and order of sentence dated 29/30.05.2023 passed by the JMIC, Sirsa, as under:- Name of the Convict Sentence Compensation Awarded In default of payment of compensation Gurbir Singh SI for 02 years Rs.66,00,000/- SI for 01 month 3. The judgment of conviction and order of sentence dated 29/30.05.2023 was challenged before the Court of Additional Sessions Judge, Sirsa. During the pendency of the appeal, an application was moved by the petitioner under Section 391 Cr.P.C., ( Section 432 BNSS) which has been dismissed vide order dated 17.12.2025, leading to the filing of the instant petition. 4. The learned counsel for the petitioner contends that the impugned order dated 17.12.2025 (Annexure P-6) is based on conjectures and surmises. In fact, the respondent did not disclose in the complaint any specific details regarding the amount allegedly given to the petitioner or the date and time when the alleged transaction took place. The respondent had deliberately concealed a material fact in the complaint that he has taken a sum of Rs.25,000/- and Rs.16,00,000/- from the petitioner in August, 2015 and September, 2015. While the respondent had partially repaid some amount, a sum of Rs.16,00,000/- remains to be paid. The deliberate omission of the facts creates a doubt in the case of the respondent. SUKHPREET KAUR 2026.08.27 11:01 I agree to specified portions of this document CRM-M-31736-2026 (O & M) ::3:: Therefore, the present application ought to have been allowed enabling the petitioner to bring on record material evidence. 5. I have heard the learned counsel for the petitioner. 6. The transactions that the petitioner seeks to bring on record pertain to the year 2015. The cheque in question which was dishonoured leading to the conviction of the petitioner, is dated 11.12.2019. There is absolutely no connection between the transactions of the year 2015 and the issuance of the cheque in 2019. Be that as it may, the petitioner had ample opportunity during the course of the Trial to bring on record any material which he thought was essential for the just adjudication of the case. For reasons best known, he has chosen not to do so. It appears that the instant application has been filed only to delay the hearing of the appeal by the Appellate Court. 7. In view of the above, I find no merit in the present petition and the same stands dismissed. 8. The pending application(s), if any, shall stand disposed of accordingly. August 26, 2026 ( JASJIT SINGH BEDI) sukhpreet JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2026.08.27 11:01 I agree to specified portions of this document