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2026 DAILYLAW 37115 (PNJ)

SHINDER KAUR v. KRISHAN LAL

CRM-M/48147/2026 · 2026-08-27

Shalini Singh Nagpal

body2026

Judgment text

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142 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-48147-2026 (O&M) Date of Decision: 27.08.2026 SHINDER KAUR …PETITIONER V/S KRISHAN LAL …RESPONDENT CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Amit Kumar Saini, Advocate for the petitioner. **** SHALINI SINGH NAGPAL J. (Oral) Prayer in the petition under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of order dated 18.08.2026 of learned Judicial Magistrate Ist Class, Samrala in a complaint under Section 138 Negotiable Instruments Act, to the extent that it imposes stringent condition of furnishing FDR/bank guarantee to the tune of Rs.3 lacs. Learned counsel for the petitioner submits that petitioner, who was facing trial in a complaint under Section 138 Negotiable Instruments sought permission of the trial Court to visit Malaysia for a period of 3 months to meet her daughter who was due to deliver. Learned trial Court allowed the prayer but imposed a stringent condition of furnishing FDR/bank guarantee to the tune of Rs.3 lacs. It is stated that petitioner is a Government employee working as a Peon in SDM Office, Samrala and was not possessed of sufficient funds to furnish FDR/bank guarantee of Rs.3 lacs. Limited prayer is that the amount of Rs.3 lacs be reduced. Learned counsel further SUMIT SINGLA 2026.08.27 20:11 I agree to specified portions of this document CRM-M-48147-2026 (O&M) -2- submits that a Coordinate Bench in CRM-M-48243-2026, date of decision 27.08.2026 has similarly relaxed the condition in another case between the same parties. Considering that petitioner is a Government employee, working as Class IV, in view of her financial means and position, the condition imposed by learned trial Court vide order dated 18.08.2026 requiring her to furnish FDR/bank guarantee of Rs.3 lacs is modified and the amount is reduced to Rs.1 lac. Petitioner shall furnish FDR/bank guarantee of Rs.1 lac in place of Rs.3 lacs. Remaining conditions imposed vide order dated 18.08.2026 shall remain the same. The petition stands disposed of, on the terms above. Pending miscellaneous applications, if any, stand disposed of. (SHALINI SINGH NAGPAL) 27.08.2026 JUDGE Sumit Singla Whether speaking/reasoned Yes/No Whether reportable Yes/No SUMIT SINGLA 2026.08.27 20:11 I agree to specified portions of this document