M/s. Sach Telecom & Ors. v. Khurana Jewellers & Sons (P) Ltd
Case at a glance
Outcome
Disposed of
As such, the present petition is disposed of and the petitioners are
Provisions considered
Key paragraphs
- Para 33. The nature of order this Court proposes to pass, no notice is required to be issued to the respondent for the reasons that no prejudice is caused to the respondent.
- Para 66. The present petition is disposed of with aforesaid liberty/ clarification. All pending application(s), if any, stand disposed of. (ANOOP CHITKARA) JUDGE
Judgment
HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Namit Khurana, Advocate for the petitioners. ANOOP CHITKARA, J. **** Criminal Complaint No. Section(s) NACT/3525/2019 dated 24.09.2019 138 of Negotiable Instrument Act Seeking quashing of impugned order dated 15.05.2024 passed in complaint given above, the petitioners have come up before this Court under Section 482 Cr. P.C..
The petitioners are aggrieved by the trial Court permitting the complainant to place on record certificate under Section 65-B of Indian Evidence Act, 1872.
The nature of order this Court proposes to pass, no notice is required to be issued to the respondent for the reasons that no prejudice is caused to the respondent.
After arguing for sometime counsel for the petitioner submits that he would be contented and satisfied in case he is permitted to raise all the points, at stage i.e. at argument stage that the DVR pertains to the year 2019 and a certificate could not have been given at such a belated stage in the absence of original DVR and once the DVR is available which is primary evidence, it should have been submitted and not the certificate under Section 65-B of Indian Evidence Act (Secondary Evidence).
Operative part
On the face of it, the argument of the petitioners’ counsel may be well within the legal domain. As such, the present petition is disposed of and the petitioners are permitted to raise these arguments before the trial Court at the stage of Section 351, BNSS or in final arguments.
The present petition is disposed of with aforesaid liberty/ clarification. All pending application(s), if any, stand disposed of. (ANOOP CHITKARA) JUDGE
18.07.2024 Sonia Puri Whether speaking/reasoned: Yes/No Yes/No. Whether reportable: Sonia Puri 2024.07.22 18:42 I attest to the accuracy and integrity of this document
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: As such, the present petition is disposed of and the petitioners are
Which statutory provisions did this judgment involve?
Negotiable Instruments Act, 1881; Code of Criminal Procedure, 1973 — s. 482; Indian Evidence Act, 1872; Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351.
Which court decided this case, and when?
Punjab & Haryana High Court, on 18 Jul 2024. The bench was ANOOP CHITKARA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.