JaswinderPal Singh Riar 539 Vs State of Punjab & Anr-I

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IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT

CHANDIGARH
CRM-M- ___________ of 2021
Jaswinder Pal Singh … Petitioner
Versus
State of Punjab & Another … Respondents
INDEX
Sr. No. Particulars Date Page Court
Fee
1. Urgent Form 26.06.2021 A
2. Advance Copy Receipt 26.06.2021 B
3. Court Fee 26.06.2021 C
4. Memo of Parties 26.06.2021 1
5. Main Petition U/s 482 Cr.P.C. for 26.06.2021 2-11
Quashing
6. Affidavit 26.06.2021 12
7. Annexure P-1 Impugned Order 05.07.2019 13-15
8. Annexure P-2 Legal Notice 06.09.2014 16-21
9. Annexure P-3 Complaint 30.09.2014 22-24
10. Annexure P-4 Settlement 29.01.2019 25-28
11. Annexure P-5 Zimini Order 06.06.2019 29-31
12. Annexure P-6 Proclamation Notice 03.06.2019 32-35
13. Annexure P-7 Judgment 22.01.2016 36-41
14. Annexure P-8 Revision Petition 07.03.2019 42-45
15. Annexure P-9 Bail Application 07.03.2019 46-49
17. Power of Attorney 26.06.2021 52
Vernaculars
18. Annexure P-1 Impugned Order 05.07.2019 53-55
19. Annexure P-3 Complaint 30.09.2014 56-58
20. Annexure P-4 Settlement 29.01.2019 59-61
21. Annexure P-5 Zimini Order 06.06.2019 62-64
22. Annexure P-6 Proclamation Notice 03.06.2019 65-67
23. Annexure P-7 Judgment 22.01.2016 68-72
24. Annexure P-8 Revision Petition 07.03.2019 73-76
25. Annexure P-9 Bail Application 07.03.2019 77-80
Total Court Fee
Note: Next date before Trial Court is 26.07.2021.
Chandigarh Ravi Gakhar

Date: 26.06.2021 Advocate
Counsel for the Petitioner
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CHANDIGARH
CRM-M- ___________ of 2020
MEMO OF PARTIES
Jaswinder Pal Singh aged about 57 years Son of Pal Singh Riar Resident
of House No. 1031, Phase 9 Mohali District S.A.S. Nagar
… Petitioner
Versus
1. State of Punjab
2. Rakesh Kumar Son of Late Amar Chand Resident of House No. 509
Sector 33-B Chandigarh
… Respondents

P-2972/2010
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Petition under Section 482 Cr.P.C. with the
prayer for quashing of impugned order dated
05.07.2019 (Annexure P-1) passed by Ld.
Judicial Magistrate First Class District S.A.S.
Nagar in Complaint Number 539/2014
titled as “Rakesh Kumar Vs. Jaswinder Pal
Singh” whereby the petitioner has been
declared “Absconder of law” on the basis of
defective & wrong service which is being
enumerated in the present petition
warranting kind indulgence of this Hon’ble
court
AND
During the pendency of present petition
before this Hon’ble court impugned order
dated 05.07.2019 (Annexure P-1) passed by
Ld. Judicial Magistrate First Class District
S.A.S. Nagar may kindly be stayed, in the
interest of justice
AND/OR
Any other order or direction which this
Hon’ble court may deem fit and proper in the
facts and circumstances of the case, may also
be issued.
RESPECTFULLY/SHOWETH,
1. That the present petitioner is the resident of District S.A.S. Nagar in
State of Punjab and being citizen of India, he is entitled and competent
to invoke the extra ordinary jurisdiction of this Hon’ble court by way of
filing present petition.

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2. That the petitioner is law abiding peaceful citizen and has committed
no offence. By way of present petition, the petitioner is challenging
impugned order dated 05.07.2019 passed by Ld. Judicial Magistrate
First Class District S.A.S. Nagar. The copy of impugned order dated
05.07.2019 is being annexed herewith as Annexure P-1.
3. That the brief facts which are necessary for adjudication of case are
being catalogued as under for the ready reference of this Hon’ble
court:-
Date Incident
06.09.2014 One legal notice allegedly served upon the petitioner by
respondent no. 2 disputing the dishonor of negotiable
instrument act. The copy of legal notice dated
06.09.2014 is being annexed herewith as Annexure P-
2. It is worth to point here that the notice allegedly
served upon petitioner upon two addresses. The details
of addresses are being reproduced as under for the
ready reference of this Hon’ble court: -
i) S.C.F. 27, Phase 5 S.A.S. Nagar Mohali
ii) 1030 Phase VII Mohali Punjab
30.09.2014 One complaint was made by respondent no. 2 alleging
legal liability of petitioner for making certain payment
in lieu of alleged agreement. The copy of complaint
dated 30.09.2014 is being annexed herewith as
Annexure P-3.
15.12.2014 The court issued notice to the petitioner in the
complaint filed by respondent no. 2.
08.01.2016 The petitioner appeared with counsel and ordered to be
released on bail.
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29.01.2019 The settlement arrived at in between parties whereby it
Was agreed to make the payment to the tune of Rs.
15,00,000/- as well as register one shop in the name of
respondent no. 2. The copy of compromise dated
29.01.2019 is being annexed herewith as Annexure P-
4.
Under the impression that now the settlement has taken
place in between parties, the petitioner could not
appear before the court and started making efforts for
compliance of terms and conditions of settlement.
03.06.2019 Due to non-appearance, the court issued notice under
section 82 for proclamation requiring the appearance of
a person accused. The copy of notice dated 06.06.2019
is being annexed herewith as Annexure P-5. It is
relevant to mention here that notices were issued on
the address SCF 27 Phase VII SAS Nagar Mohali.
06.06.2019 The concerned official made the statement before
regrading affecting the proclamation. The court taken
into consideration the statement and passed the order.
The copy of order dated 06.06.2019 is being annexed
herewith as Annexure P-6.
4. That impugned order dated 05.07.2019 (Annexure P-1) passed by Ld.
Judicial Magistrate First Class District S.A.S. Nagar whereby the
petitioner has been declared “Absconder of law” including all the
subsequent proceedings arising out of it qua the petitioner liable to be
quashed inert alia on the grounds: -

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i. Section 82 Cr.P.C. of the act is being reproduced as under for the
ready reference of this Hon’ble court: -
82. Proclamation for person absconding. - (1) If any Court has
reason to believe (whether after taking evidence or not) that any
person against whom a warrant has been issued by it has
absconded or is concealing himself so that such warrant cannot be
executed, such Court may publish a written proclamation
requiring him to appear at a specified place and at a specified time
not less than thirty days from the date of publishing such
proclamation.
(2) The proclamation shall be published as follows :-
(i) (a) it shall be publicly read in some conspicuous place of the
town or village in which such person ordinarily resides; (b) it shall
be affixed to some conspicuous part of the house or homestead in
which such person ordinarily resides or to some conspicuous place
of such town or village; (c) a copy thereof shall be affixed to some
conspicuous part of the court-house;
(ii) the Court may also, if it thinks fit, direct a copy of the
proclamation to be published in a daily newspaper circulating in
the place in which such person ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation
to the effect that the proclamation was duly published on a
specified day, in the manner specified in clause (i) of sub-section
(2), shall be conclusive evidence that the requirements of this
Section have been complied with, and that the proclamation was
published on such day.
[(4) Where a proclamation published under sub-section (1) is in
respect of a person accused of an offence punishable under

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Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398,
399, 400, 402, 436, 449, 459, or 460 of the Indian Penal Code (45
of 1860), and such person fails to appear at the specified place and
time required by the proclamation, the Court may, after making
such inquiry as it thinks fit, pronounce him a proclaimed offender
and make a declaration to that effect.
(5) The provisions of sub-sections (2) and (3) shall apply to a
declaration made by the Court under sub-section (4) as they apply
to the proclamation published under sub-section (1).]
ii. From the bare perusal of Legal Notice dated 06.09.2014 it would
reveal that the notice was issued at two addresses. One was
mentioned as official and another was mentioned as residential
address. It is relevant to mention here that official address
pertains to phase 5 Mohali whereas from the perusal of order
dated 06.06.2019 the notice was issued on the address i.e.
located at Phase 7 Mohali. The official statement was recorded
by court in which he has stated that he went to house of accused
and searched him but he was not present there which is prima
facie defective service. So far as the address of petitioner is
concerned, he was not supposed to remain available at the
address qua which he has no relevance.
iii. Moreover, the given address S.C.F. 27 Phase 5 as mentioned the
legal notice, it is pointed out here that the said commercial
property was on rent with the petitioner which was got vacated
after dismissal of his appeal in the year 2016 itself. The copy of
Judgment dated 22.01.2016 is being annexed herewith as
Annexure P-7.
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iv. Against the impugned order dated 05.07.2019, the petitioner
also preferred Revision petition bearing number 190 0f 2019
which is still pending and now fixed for 26.07.2021 before the
District and Sessions Courts S.A.S. Nagar. The copy of revision
petition dated 07.03.2019 is being annexed herewith as
Annexure P-8.
v. During the pendency of abovementioned petition before Session
Judge, S.A.S. Nagar the petitioner also file application for grant of
anticipatory bail in complaint no. 539/2014 which is also
pending before the District and Sessions Courts S.A.S. Nagar. The
copy of application dated 25.07.2019 is being annexed herewith
as Annexure P-9.
vi. The petitioner has already approached the respondent for
compliance of settlement dated 29.01.2019 whereby one notice
was served upon respondent no. 2 for execution and registration
of sale deed. The copy of legal notice dated 07.09.2019 is being
annexed herewith as Annexure P-10.
vii. That in the case of State of Haryana v. Chowdhry Bhajan Lal, AIR
1992 Supreme Court 604, the Apex Court having examined its
various pronouncements on the subject and the relevant
provisions of the Code, laid down the guidelines by way of
illustration wherein the extraordinary power under Article 226
of the Constitution or the inherent power under section 482 of
the Code could be exercised either to prevent abuse of the
process of any Court of otherwise to secure the ends of justice.
The guidelines by way of illustration given by the Apex Court are
extracted below :
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1. Where the allegations made in the First Information
Report or the complaint, even if they are taken at their
face value and accepted in their entirety do not prima
facie constitute any offence or make out a case against
the accused.
2. Where the allegations in the First Information Report
and other materials, if any accompanying the FIR do not
disclose a cognizable offence, justifying an investigation
by police officers under Section 156(1) of the Code except
under an order of a Magistrate within the purview of
Section 155(2) of the Code.
3. Where the uncontroverted allegations made in the FIR or
complaint and the evidence collected in support of the
same do not disclose the commission of any offence and
make out a case against the accused.
4. Where the allegations in the FIR do not constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate as contemplated under
Section 155(2) of the Code.
5. Where the allegations made in the FIR or complaint are
so absurd and inherently improbable on the basis of
which no prudent person can ever reach a just conclusion
that there is sufficient ground for proceeding against the
accused.
6. Where there is an express legal bar engrafted in any of
the provisions of the Code or the concerned Act (under
which a criminal proceeding is instituted) to the

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institution and continuance of the proceedings and/or
where there is a specific provision in the Code or the
concerned Act, providing efficacious redress for the
grievance of the aggrieved party.
7. Where a criminal proceeding is manifestly attended with
mala fide and/or where the proceeding is maliciously
instituted with an ulterior motive for wreaking
vengeance on the accused and with a view to spite him
due to private and personal grudge."
viii. The Apex Court has given a note of caution to the effect that the
power of quashing a criminal proceeding should be exercised
very sparingly and in the rarest of rare cases. It has been
observed by the Apex Court as follows: -
"We also give a note of caution to the effect that the power of
quashing a criminal proceeding should be exercised very sparingly
and with circumspection and that too in the rarest of rare cases;
that the Court will not be justified in embarking upon an enquiry
as to the reliability or genuineness or otherwise of the allegations
made in the F.I.R. or the complaint and that the extraordinary or
inherent powers do not confer any arbitrary jurisdiction on the
Court to act accordingly to its whim or caprice."
36. The above view of the Supreme Court has again been
reiterated in the case of M/s. Pepsi Foods Ltd. v. Special Judicial
Magistrate (supra); Roopan Deol Bajaj v. K.P.S. Gill (supra), Smt.
Rashmi Kumar v. Mahesh Kumar Bhada, 1997 SCC (Cri.) 415; and
Central Bureau of Investigation v. Duncan Agro Industries Ltd.,
1996 SCC (Cri.) 1045.

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37. Thus, where the allegations made in the F.I.R. and on a
consideration of the relevant materials if the Court is satisfied that
an offence is disclosed, the Court normally will not interfere with
the investigation unless there is strong grounds or compelling
reasons requiring interference in the interest of justice. However,
upon consideration of relevant materials if the Court is satisfied
and no offence is disclosed, it will be the duty of the Court to
interfere with investigation so that the alleged accused may not be
unnecessarily subjected to harassment and humiliation.
5. That petitioner is 57 years old aged person and at this stage of life, his
health is not supporting him to face prosecution him.
6. That in such circumstances, the Petitioner has left with no other
efficacious alternative remedy except to approach this Hon’ble Court
by way of filing the present petition at this stage.
7. That no such or similar petition has earlier been filed in this Hon’ble
Court or in the Hon’ble Supreme Court of India. No such petition is
pending in the Court of Sessions or any other court.
It is, therefore, most respectfully prayed that in view of above
facts and circumstances, the present petition may kindly be accepted
and impugned order dated 05.07.2019 (Annexure P-1) passed by Ld.
Judicial Magistrate First Class District S.A.S. Nagar in Complaint
Number 539/2014 titled as “Rakesh Kumar Vs. Jaswinder Pal
Singh” whereby the petitioner has been declared “Absconder of law”
on the basis of defective & wrong service, may kindly be quashed.
It is further prayer that during the pendency of abovementioned
main petition before this Hon’ble court further proceeding before
learned trial court in the abovementioned case may kindly be stayed.

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Any other order or direction which this Hon’ble court may deem
fit and proper in the facts and circumstances of the case, may also
issue.
It is further prayed that the petitioner may kindly be exempted
from filing certified/ true typed copies of annexure annexed herewith
petition and permitted to place on record the photocopy of same, in the
interest of justice.
It is further prayed that photocopy of the annexure annexed
herewith petition may kindly be permitted to place on record, in the
interest of justice.

P-2972/2010
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CHANDIGARH
CRM-M- ___________ of 2021
Versus
Affidavit of Jaswinder Pal Singh aged
about 57 years Son of Pal Singh Riar
Resident of House No. 1031, Phase 9
Mohali District S.A.S. Nagar
I, the abovenamed deponent do hereby solemnly affirm and declare
as under: -
1. That the deponent is the Petitioner in the above main petition.
2. That the deponent is conversant with the facts and circumstances of
the present case.
3. That the deponent undertakes that appeal has been drafted under his
instructions.
4. That the deponent has read and understands the contents of the
appeal. The facts stated therein are true to my knowledge and belief.
Chandigarh Jaswinder Pal Singh

Dated: -26.06.2021 Deponent
VERIFICATION:
Verified that the contents of my above affidavit are true
and correct to my knowledge. No part of it is false and nothing has been
concealed there from.
Chandigarh Jaswinder Pal Singh

Dated: -26.06.2021 Deponent
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Annexure P-1
Copy of order dated 5/7/19
CRR/3236/2019
PBSA No.6938 2019
Sh. Sandeep Kumar Singla (ADJ)
IN THE HON'BLE DISTRICT AND SESSIONS COURT, S.A.S. NAGAR,
MOHALI
CRR/198/19
Revision Petition No. of 2019
47/7-8-19
IN THE MATTER OF:
Jaswinderpal Singh son of Pal Singh, age 55 years, resident of House
No. 1031, Phase - 9, Mohali, District S.A.S. Nagar Mohali.
…..Petitioner
CIS NO : CRR/190/19
PIF : 26.7.21
Versus
Rakesh Kumar S/o Lt. Amar Chand R/o H.No. 509, Sector 33 B,
Chandigarh.
….Respondent
Revision Petition to set aside order dated
05.07.2019 passed by the Court of Ms. Harjinder
Kaur, J.M.I.C, S.A.S. Nagar, Mohali in Complaint No.
N.I.A. Act 539/2014 titled as "Rakesh Kumar V/S
Jaswinder Pal Singh" whereby the petitioner has
been declared Proclaimed Person in illegal and
arbitrary manner without following the due
process of law.
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Note: The case titled as Rakesh Kumar vs. Jaswinder Pal Singh with
G.No.1319/19 JF decided in the court of Ms. Harjinder Kaur, JMIC
Mohali is attested with the case titled as Jaswinder singh vs. Rakehs
Kumar with CIS No.CRR/190/19 pending for 26.7.21 in the court of Sh.
Sandeep Kumar Singla, ADJ, Mohali
File no.MACT/0001599/204
Cse 770560 15990204
IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, S.A.S.NAGAR,
MOHALI, PUNJAB
MACT 539/204
Complaint No. of 2014
In the matter of:-
Mr.Rakesh Kumar son of Late Shri Amar Chand Resident of # No.509,
Sector-33 B, Chandigarh.
Complainant
RBT 121
30/9/14
20/7/16
VERSUS
Mr.Jaswitnder Pal Singh son of Paul Singh, S.C.F.No.27, Phase-V,
S.A.S.Nagar, Mohali, Punjab.
Alternative Address:-
Mr.Jaswinder Paul Singh, son of Mr.Pal Singh, 1030, Phase VII,
….Accused
Complaint under Section 138 of the
Negotiable Instrument Act, and Section 420
of Indian Penal Code.

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Present: Complainant with counsel Sh. Sanjeev Singla Adv.
Accused declared PO today.
Today the case was fixed for presence of accused after
effecting proclamation against him. Period of 30 days has elapsed. Case
called several times since morning during repeated intervals. Neither
the accused nor anyone else appeared on behalf of him. It is already
3.35PM. Waited sufficiently. But accused has not come present. So.
accused Jaswinder Singh is declared absconder of law. Necessary
intimation be sent to the SHO of the concerned police station for
making necessary entry.
No CW is present under Section 299 Cr.P.C. Complainant
evidence u/s 299 Cr.P.C closed vide separate statement.
After accused declared absconder of law file be consigned to
the record room. File be put up as and when the list of property of
accused will file or the accused appears, produced and surrender
before the Court.
Notice to his surety under Section 446 Cr.P.C not received back.
Papers of his surety be separated from this file and proceeding u/s 446
be initiated separated. Notice to surety identified be issued for
08.08.2019.
Dated:05.07.2019 (Harjinder Kaur)
JMIC SAS Nagar (Mohali)
LID No. PBO502
Certified to be True Typed Copy
Ravi Gakhar, Advocate

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Annexure P-2
Punjab & Haryana High Court KRISHAN GOPAL SHARMA

Room No. 12 Table No. 1. MBA M.Com, LLM
Resi. Cum.Office: Advocate
#1432, Sector 15, Panchkula
Ph:0172-2593888, 0172-2593688, 01722593668
M: 9888324972, 9646269893
Ref.No.________________ The Day. No. 06092013
No.LN2014-15/2396 Dated:-06.09.2014
Mr.Jaswinder Pal Singh

Son of Panl.Singh,
S.C.F.No.27, Phase 5, S.A.S.Nagar, Mahali,
Punjab.
Mr.Jaswinder Pal Singh

Son of Paul Singh 1030 Phase VII, Mohali,
Punjab
Sub.: Legal Notice
Under specific authority and instructions on behalf of Mr.Rakesh
Kumar. son of late Shri Amar Chand, resident of House No.509, Sector-
33-B, Chandigarh, hereinafter referred to, for brevity, as my client, I
have to serve upon you the Legal Notice to the effect that:-
1. That you have entered into an agreement to sell in respect of three
shop plots bearing No.1,2, and 3, situated at Kharar, Hadbast No.184,
Tehsil Khara, District S.A.S.Nagar. Mohali as per details of
khasra/Khatuni number mentioned in the said agreement for an
amount of Rs.30,00,000/-(Rs.Thirty Lac only) as per duly attested
agreement to sell dated 12.12.2013 with my clients
2. That in pursuance to the execution of agreement to sell dated
12.12.2013, you have received an earnest money amounting to

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Rs.15,00,000/ (Rs.Fifteen Lac only ) towards the consideration of the
sale price of three shop plots bearing No.1,2 & 3, situated at Kharar,
Hadbast No.184, Tehsil Khara, District S.A.S.Nagar, Mohali.
3. That you have received earnest money of Rs.15,00,000/- duly
acknowledged in the agreement dated 12.12.2013 detailed here as
under:-
S.No. Particulars Amount
01 . SBOP Sector-12 Panchkula Banker Rs.10,00,000/
Cheque No.788869
02. Cash Rs.5,00,000/-
Total Rs.Fifteen Lạc. Rs.15,00,000/
4. That you have promised in the agreement to sell that you will-execute
the title document viz, Registry sale deed in favour of my client in the
office of Sub Registrar of Assurance, Kharar, and Distt. Mohali date
extended till 30.05.2014.
5. That you have agreed in the agreement to sell dated 12.12.2013 that
you shall execute the registry sale deed in favor of my client by date,
extended till 30.05.2014 and in case of default on your part, you will be
liable to all consequences.
6. That you have further agreed in the Agreement to Sell dated
12.12.2013 that in the event of default on your part in the matter of
execution of registry in favor of my client by date extended till
30.05.2014, my client shall have the authority for getting the title of the
shop plots in his favor by court orders by execution of sale deed by
depositing the residuary amount of Rs.15,00,000/-after 30.05.2014.
7. That you have further agreed in the agreement to sell dated 12.12.2013
that in case of default on the part of any party to agreement, the terms
and condition of the said agreement to sell, can be got enforced

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through the process of law, in the competent court of law, by either
party to the agreement to sell.
8. That my client, as an added precaution, to prove his bonafide informed
you on phone, week's back dated 30.05.2014, for being present in the
office of Sub Registrar Assurances, Kharar on 30.05.2014 for execution
of the registry in his favour, you promised that you will be executing
the registry in the office of the Sub Registrar of Assurances, Kharar, on
30.05.2014, positively.
9. That my client got issued a Pay Order No.800002183251 dated
30.05.2014 for Rs.15, 00,000/= in your. favour from State Bank of
Patiala., Sector-12, Panchkula, representing the residuary amount of
consideration of agreement to sell dated 12.12.2013 and presented
himself in the office of the Registrar of Assurances, Kharar, for the
purpose of passing on the balance consideration for execution of
registry sale decd in respect of three shop plots, in his favour, as per
agreement to sell, and the presence of my client on 30.05.2014 has duly
been documented by way of affidavit attestation by the Court on
30.05.2014 vide ID No.1881. dated 30.05.2014, the Executive
Magistrate Kharar has verified that my client has appeared and
deposed before him for the purpose on 30.05.2014.
10. That you were also given final intimation by message as well as by
phone on phone number 9814013239 from phone number
9803004200 on 30.05.2014 at about 12.10 P.M, you promised that you
are reaching in the office of Sub Registrar Assurances, Kharar, in an half
hour time, but you did not turn up.
11. That you approached and offered to my clients proposal on
30.07.2014,for foreclosure of the deal at Rs.60.00 Lacs , in full and final
settlement, in the event my client relinquishes his right to enforce the

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said agreement and in taken thereof. you issued two cheques No.
001627 dated 31.07.2014 for Rs.30,00,000/- (Rupees Thirty Lac only
drawn on Axis Bank Limited Phase V, Mahali, Punjab and the second
post dated cheque drawn on Axis Bank Limited, Mohali from your
account No.91300037222600 for Rs.30,00,000/- (Rupees Thirty Lac
only) payable on 31.08.2014.
12. That my clients presented the aforesaid cheque No.001626 dated
31.08.2014, for Rs30,00,000/= for collection to their Bankers State
Bank of Patiala, Soctor-12, Panchkula, for crediting the proceeds of the
cheque to their account, during the validity period, however, the same
was returned unpaid-by the your Banker.
13. That the cheque was dis honouered by your Banker with the remarks
"Funds Insufficient" vide cheque return memos dated 03.09.2014.
Thus, the said cheque was presented for payment within its validity
period and stood dis honored on presentation.
14. That the funds in your account were not sufficient to honor the
aforesaid cheque issued by you in discharge of your liability.
15. That to the shock to my clients, the Banker of my client returned the
above said cheque to my client when my clients visited their Banker for
withdrawal of some money from their account when they were told by
the Manager of the Bank that the cheque for Rs.30,00,000givan far
collection has bounced, as per memo of the Bank dated
03.09.2014.anclosed with the cheque and the reason for return of
cheque is insufficiency of funds in your account and in this way, my
clients did not get the payment of your cheque in question.
16. That my clients immediately contacted you on phone and informed you
about the fact that the cheque given by you have bounced, but you
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failed to give any satisfactory reply in the matter and you again
disconnected the cal My clients felt cheated in the deal.
17. That on account of your cheque having been dishonored, you have
become guilty of committing an offence under Section 138 of the
Negotiable Instrument A1881,as the cheque was issued in discharge of
your legal enforceable liability.
18. That when you issued the cheque to my clients, you were fully aware of
the fact that there was no sufficient balance in your account with your
Banker and it was in your knowledge that the cheque was going to be
dis honored for want of sufficient funds in your account. This makes it
clear that you were having ulterior motive and never intended to pay
the amount of which the cheque was issued, in other words, you issued
the cheque only to be dis honored and this way this was done by you
knowingly and deliberately.
19. That you are, therefore, desired through this legal notice to please
make the payment of the above said cheques Na.001626 dated
31.08.2014 for 30,00,,000/- (Rupees Thirty Lạc only) to my client
within 15 (fifteen) days, in lieu of the dis honored cheque from the date
of receipt of this notice, failing which and after the expiry of 15 days
from the date of receipt of this notice, my client has given me specific
and definite instructions for filing proceedings against you under
Section 138 of Negotiable Instrument Act, and other penal provisions
,in the Competent Court of Law, Also necessary action against you to
realize the amount of cheque and in that event, you shall also be liable
for all casts and consequences.
20. That it is brought to your notice that the afore said dis honour of
cheque issued against existing legal enforceable liability is criminal
offence, in the case the complaint is proved, you can be sentenced to

-21-
undergo imprisonment for two years and you can also be fined up to
the double of the amount of the cheque.
21. Now, I call upon you through this legal notice to call upon you to make
payment of Rupees Thirty Lac against cheque No.001626, within a
period of 15 days in lien of the bounced cheque, failing which my
clients will be constrained to knock at the doors of Competent Court of
law, legal action against you as per provisions of Section 138 of the
Negotiable Instrument Act, and in such an eventuality, please
specifically note that you shall also be fully responsible for all costs,
risks and consequences, as arise there from, in the matter.
NOTE: - A copy of this legal notice has been retained in my office for
further necessary legal action, if need be.
Sd/-
(Krishan Gopal Sharma)
Advocate
Self attested

-22-
Annexure P-3

MOHALI, PUNJAB
COMP 206/30/9/14
In the matter of:-
…..Complainant
VERSUS
Mr.Jaswitnder Pal Singh son of Paul Singh, S.C.F.No.27, Phase-V,
….Accused
Respectfully Showeth:-
That the complainant, most respectfully, submit as under:-
1. That the accused entered into an agreement to sell of his three shop
plots bearing No.1,2 & 3, situated at Kharar, Hadbast No.184, Tehsil
Kharar, District S.A.S.Nagar, Mohali, Punjab and received an earnest
money towards the consideration of the proposed sale of plots duly
acknowledged on the back of the agreement to sell dated 12.12.2013.
2. That the accused failed to perform his part of the contract of execution
of sale deed in the office of the Sub Registrar on 30.05.2014 in respect
of the said plots, on the appointed time and date viz.30.05.2014.

-23-
3. That the accused approached the complainant for closure of the deal
for sale of the plots in question on settled deal for payment of Rs.60.00
Lac and in discharge of his liability, the accused issued two cheques
bearing No.001627 dated 31.07.2C14 for Rs.30,00,000/= (Rupees
Thirty Lac ) and post dated Cheque No.001626 dated 31.08.2014 also
for Rs.,30,00,000/= (Rs.Thirty Lac) drawn both on Axis Bank,Phase-5,
Mohali, aggregating sum of Rs.60.00 Lac.
4. That the complainant presented the cheque No.001626 dated
31.08.2014, for Rs.30.00 Lac to his Banker i.e. State Bank of Patiala,
Sector-12 A, Panchkula, Haryana, for encashment, but the same has
been returned back dis honored along with the banker return memo
stațing the reasons of return as "Funds insufficient" The original
cheque No.001626 dated 31.09.2014 for Rs.30.00 Lac has been
annexed herewith and marked as Annexure C-1 and banker return
memo has been annexed and marked as Annexure C-2.
5. That in view of the above facts, the complainant got issued legal notice
dated 6.09.2014 to the accused, through his counsel, asking him to pay
and clear his liability, within fifteen days, from the receipt of the notice,
which he did not. A copy of the legal notices dated 06.09.2014 sent to
the accused has been annexed herewith and marked as Annexure C-3.
The legal notice. has been sent under Registered Cover and original
postal receipts have been annexed and marked as Annexure C-4 for
the kind perusal of this Hon'ble Court.
6. That the funds in the account of the accused were not sufficient to
honor the encashment of the cheque issued by him in discharge of his
liability, as such, when accused issued the cheque in question, he was
fully aware of the fact that there was no sufficient balance in his
account and the cheque in question is going to be bounced for want of

-24-
sufficient funds, which makes it clear he issued the cheque only to be
dis honored.
7. That the accused has not paid the above said amount of Rs.30.00 Lac
and he has cheated the complainant to the tune of Rs.30.00 Lac, hence,
this complaint.
8. That the cheque in question was presented for payment at Mohali,
within the territorial jurisdiction of this Hon'ble Court, thus, this
Hon'ble Court, has got the territorial jurisdiction to entertain and try
the present complaint.
9. That the requisite Court Fees has been affixed on the complaint.
PRAYER
It is, therefore, respectfully prayed that the accused may be summoned
and punished, according to law, in the interest of justice.
Through Counsel
Counsel of the Complainant
Sd/-
(Krishan Gopal Sharma)
Advocate
District Courts, Mohali
Place: - Mohali
Dated:- 30.09.2014 ….Complainant
Verification:-
Verified that the contents of the above complaint contained in para
No.1 to 9 are true and correct to the best of my knowledge and belief.
No part of the same is wrong or false. Nothing material has been kept
concealed or mis stated therein.
Place: Mohali
Dated: 30.09. 2014 …….Complainant

-25-
Annexure P-4
2919 (2 cases) 118
Mediation & Conciliation Centre, SAS Nagar
…..Complainant
VERSUS
Mr.Jaswinder Pal Singh son of Paul Singh, S.C.F.No.27, Phase-V,
Accused
The above parties were referred for mediation by the court of Ms.
Harjinder Kaur, JMIC,SAS Nagar. Both the parties settled their dispute
(Statement of the parties are attached herewith).
Place: SAS Nagar.
Date: 29.01.2019 Monika Lamba
Nodal Officer
Mediation & Conciliation Center SAS Nagar
ATTESTED
Assistant Incharge
10/6/21
-26-
Mediation & Conciliation Centre, SAS Nagar
…..Complainant
VERSUS
Accused
This settlement agreement has been entered into between the above
parties as follows:
1. Disputes and difference have arisen between the parties,
pending before the Court Ms. Harjinder Kaur, JMIC, SAS Nagar. There
were two complaints under section 138 of NI Act. During process of
mediation, the parties have voluntarily arrived at an amicable solution
by signing mutual settlement.
2. The parties hereto confirm and declare that they have voluntary
and of their free will have arrived at this settlement agreement in the
presence of mediator.
3. The following settlement has been arrived between Rakesh
Kumar (hereinafter called the first party) and Jaswinder Pal Singh
(hereinafter called the second party).
A). That second party has paid four cheques amounting of Rs.
Five Lac each payable on 15.02.2019 (Ch. No. 020416) 15.3.19
(Ch. No. 020417) 15.04.19 (Ch. No. 020418) and 15.05.19 (Ch.
No. 020419) respectively to the first party today on 29.01.19.
B.) That the second party shall get the shop No. 21 measuring
10' x 30'= 300 Sq. feet at Azad Market, Badala Road, near Anaj
-27-
Mandi at Kharar, District SAS Nagar registered/ give GPA in the
name of First party i.e. Sh. Rakesh Goyal by 04.02.19
C.) That the payment and registration /GPA referred to n
proceeding paras (A & B) shall be full and final payment in the
circumstances of these cases.
D.) That the first party shall withdraw the both are
mentioned complaints which are pending in the Hon'ble Court of
Ms. Harjinder Kaur, JMIC, SAS Nagar after getting the shop
registered/ getting GPA in the name of first party by the second
party on the basis of this advertisement agreement.
E) That in case of any cheque referred to above is bounced
on presentation before the Bank, this settlement shall stand
canceled and the first party shall have right to initiate these
criminal complaints afresh.
F.) That the second party shall have one week as a grace
period to clear the cheque amount in case any of the cheque is
dis honored.
G.) That both the parties have agreed not to initial any further
civil/criminal proceeding in respect of this case against each
other.
H). That both the parties have entered into a settlement
without any pressure, force, undue influence or any kind of
threat from any side and have signed the present settlement
after understanding the terms and condition.
4. All the disputes and difference in this regard have been amicably
settled by the parties through the process of mediation.
5. The parties undertake to abide by the terms and conditions
setout in this agreement.

-28-
6. That contents of the settlement referred to above were read over
and explained to the parties.
Date: 29.01.2019
Sd/-
Signature of Rakesh Kumar (Party No. 1)
Sd/-
Signature of Jaswinder Singh(Party No.2)
Sd/-
P.S. Sandhu
Mediator
Mediation & Conciliation Center, SAS Nagar

-29-
Annexure P-5
Copy of Ex P1 &/ACRR/3236/2019
PBSA0100 6938 2019
MOHALI
CRR/190/19
47/7-8-19
IN THE MATTER OF:
…..Petitioner
CIS NO : CRR/190/19
PIF : 26.7.21
Versus
Chandigarh.
….Respondent
process of law.
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Mohali is attested with the case titled as Jaswinder Singh vs. Rakehs
Cse 770560 15990204
MOHALI, PUNJAB
MACT 539/204
In the matter of:-
Complainant
RBT 121
30/9/14
20/7/16
VERSUS
….Accused

-31-
Rakesh Kumar Vs Jaswinder Singh.
Statement of HC Gurtej Singh, No.1157/SAS Nagar, posted at
Police Station Sohana, SAS Nagar (Mohali).
The proclamation of accused Jaswinder Pal Singh, S/o Paul
Singh, R/o SCF No.27, Phase VII, SAS Nagar (Mohali), u/s 82 Cr.P.C was
issued by this Court and the same was entrusted to me for its
execution. On 05.06.2019, I went to the house of above said accused. I
searched him at the address given in the proclamation, but he was not
present there. I pasted one copy of the proclamation of the accused on
the conspicuous part of the house of the accused and one copy of the
proclamation was affixed in the common place of the locality and one
copy on the Notice Board of the Court on 06.06.2019. The proclamation
of the accused is Ex.P1 and my report on the same is Ex.P1/A. The
accused Jaswinder Pal Singh may be declared Proclaimed Offender.
RO & AC Sd/-
(Harjinder Kaur)
JMIC, $AS Nagar (Mohali)
Dated :06.06.2019

-32-
Annexure P-6
Copy of statement HC Gurtej Singh dated 6/6/19
CRR/3236/2019
PBSA0100 6938 2019
MOHALI
CRR/190/19
47/7-8-19
IN THE MATTER OF:
…..Petitioner
CIS NO : CRR/190/19
PIF : 26.7.21
Versus
Chandigarh.
….Respondent
process of law.
-33-
Mohali is attested with the case titled as Jaswinder Singh vs. Rakesh
Cse 770560 15990204
MOHALI, PUNJAB
MACT 539/204
COMP 206/30/9/14
In the matter of:-
Complainant
RBT 121
30/9/14
20/7/16
VERSUS
….Accused

-34-
Criminal Case Mohali
IN THE COURT of Harjinder Kaur
Judicial Magistrate Ist Class-3 SAS Nagar (Mo
Next date, purpose of case, Orders and Judgments as well as other case
information is available http://ecourts/gov.in
PROCLAMATION REQUIRED TO THE APPERANCE OF A PERSON
ACCUSED
(Sec section 82)
NI ACT 539/2014
RAKESH KUMAR
VERSUS
JASWINDER SINGH
PS Sohana
138 Negotiable Instruments Act
WHEREAS complaint/case has been made before me that JASWINDER
SINGH S/O PAUL SINGH, S.C.F. NO.27, PHASE VII SAS NAGAR MOHALI
has committed (or is suspected to have committed) the offence
punishable under section 138 Negotiable Instruments Act, and it has
been returned to a warrant of arrest thereupon issued that the said
JASWINDER SINGH S/O PAUL SINGH, S.C.F. NO. 27, PHASE VII SAS
NAGAR MOHALI cannot be found and whereas it has been shown to my
satisfaction that the said JASWINDER SINGH S/O PAUL SINGH, S.C.F.
NO. 27, PHASE VII SAS NAGAR MOHALI has absconded (or is
concealing himself/herself to avoid the service of the said warrant);
Proclamation is hereby made that the said JASWINDER SINGH S/O
PAUL SINGH, S.C.F. NO. 27, PHASE VII SAS NAGAR MOHALI is required
-35-
to appear before this Court (or before me) to answer the said
complaint/case on 06.06.2019.
6NR/3/6/19
Harjinder Kaur
Judicial Magistrate Ist Class-3
SAS Nagar
683/5B/PS Sohana/dated 3/6/19
Ex.P1
Sd/-
JMIC/Mohali
6/6/19

-36-
Annexure P-7
IN THE COURT OF TARSEM MANGLA, APPELLATE AUTHORIOTY; SAS

NAGAR MOHALI.
Rent Appeal No.7 dated 10.8.2015
CIS NO.RA/00064/2015
Date of decision: 22.1.2016
Jaswinder Pal Singh Riar aged 55 years, son of Shri Pal Singh, resident
of House No.1031, Phase-11,SAS Nagar (Mohali).
2nd Address SCF No.27, Phase-5, Sector 59, SAS Nagar (Mohali).
...Appellants
Versus
1. Sheel Kaur wife of Sh.Manjit Singh resident of House No.1005, Sector
71, SAS Nagar (Mohali).
2. Jaswant Kaur wife of Sh.Jagir Singh Lallia resident of House No.1838,
Phase-7, SAS Nagar (Mohali).
...Respondent
Appeal against the order dated 23.7.2015 passed by the court of
Shri Shiv Mohan Garg, Rent Controller, SAS Nagar Mohali.
Present:
Sh. Ramjodh Singh Sarao Adv for appellant. Sh. Vivek Sharma
Adv for respondents.
JUDGMENT
This is a appeal by the tenant-appellant assailing ejectment
order dated 23.7.2015 passed by Shri Shiv Mohan Garg, Rent
Controller, SAS Nagar Mohali.
2. Facts as pleaded by petitioners-respondents Sheel Kaur and
Jaswant Kaur are that demised premises bearing SCF No.27 (ground
-37-
floor), Phase-5,(Sector 59), SAS Nagar Mohali was let out to
respondent-appellant at a monthly rent of 66,500/- per month
excluding water, electricity, sewerage and other charges. The rent was
to be paid on or before 7th of each month. Said accommodation was
rented out for office purpose only. Respondent is not a good tenant as
he regularly fails to pay rent to the petitioners in time. Respondent
paid the rent at the rate of 66,500/- per month up till March 2014 and
thereafter he stooped paying rent on false excuses. Now the
respondent is in arrears of rent since April 2014, hence an amount of
5,98,500/- is due and outstanding against the respondent up till
December 2014. Respondent is liable to be evicted from the demised
premises on the ground of respondent being in arrears of rent. Hence
the petition.
3. Upon notice respondent appeared and filed written reply
admitting factum of tenancy but submitted that respondent had paid
up to date rent to the petitioners till October 2014 and the respondent
is ready to pay the arrears of rent since November 2014 till date. Even
as per record maintained in the ledger book, respondent has already
paid rent up to October 2014 and arrears of rent which is due towards
respondent is about 4,71,450/- and the respondent is ready to pay the
same.
4. After hearing learned counsel for the parties, vide order dated
29.5.2015 interim assessment of rent was made by the learned Rent
Controller. For the sake of brevity the said order is reproduced below:-
"Arguments heard for the purpose of assessment of provisional rent.
The petitioners have stated that respondent is a tenant under the
petitioners since 1.12.2010 on the first floor of SCF No.27, Phase-5

-38-
Mohali and he has to pay the rent @ Rs.66,500/- from 1.4.2014 to
December 2014 and from 1.1.2015 to May 2015 @ Rs.73,205/- and
respondent is in arrears of rent from April 2014. Respondent while
filing the reply has admitted the tenancy and has not denied the rate of
rent. It is stated that he has paid the rent to the petitioners up to
October 2014 onwards. He has already paid t 1,00,000/- which was
paid in cash to the petitioners by respondent but petitioners refused to
give the receipt and he prayed that in the said circumstances
provisionally rent be not assessed. Heard. There is no receipt of
payment of rent by the respondent. However, respondent has placed
Annexure R-1 copy of the ledger but that said document is self created
document seems to be which cannot be taken into consideration at this
stage. So, I assess the provisional rent from April 2014 to December
2014 @ Rs.66500/- per month, total Rs.5,98,500/- and from January
2015 to May 2015 @ Rs.73205/- per month amounting to 3,66,025/-,
total amount Rs.9,64,525/-, interest @ 6% per annum amounting to
Rs.40,350/- and cost of Rs.1000/-, in all Rs.10,04,875/- is assessed. So
the respondent is directed to pay the same on or before 23.7.2015".
5. After assessing the rent sufficient time till 23.7.2015 was
afforded to make it convenient for the respondent- appellant to pay the
above assessed rent but despite availing time, respondent-appellant
failed to tender the rent and as such while relying upon judgment of
Hon'ble Apex Court in Rakesh Wadhawan & others vs M/S Jagdamba
Industrial Corporation and others, 2003(2) Civil Court Cases 361, an
ejectment order was passed.
6. Feeling aggrieved, the present appeal has been preferred by
appellant-respondent. When notice of the same was issued,

-39-
respondents-petitioners appeared through Shri Vivek Sharma Adv and
contested the appeal.
7. I have heard the learned counsel for the parties and have also
gone have also gone through the evidence on record through the
impugned order under appeal.
8. Although learned counsel for the appellant-tenant has argued
that learned Rent Controller has assessed rent by overlooking the
provisions of Rent Act but learned counsel failed to elaborate his said
argument to make out as to what provision of law was violated while
assessing the rent. The fact that petitioners-land- ladies were yet to file
rejoinder to the written reply of the respondent- appellant in itself is
no ground for the Rent Controller not to assess the rent. In fact the law
does not provide filing/requiring of replications or rejoinders to the
pleadings. Thus, non-filing of rejoinder or replication in itself cannot
create a substantive right in favour of a respondent.
Learned counsel argued that appellant could not arrange
the above assessed rent which was beyond his reckoning and
estimation. As such he should have been provided further time by the
learned Rent Controller to make it convenient to arrange the rent.
Learned counsel submitted that on 23.7.2015 a request was made to
the learned Rent Controller to grant adjournment but no adjournment
was granted and consequently impugned order is harsh but perusal of
the summoned record does not reveal as if any such request may have
been made.
9. As regarding assessment of rent, in his written reply respondent
admitted the tenancy and has not denied the rate of rent but he has
stated that he has paid rent to the petitioners up to October 2014
onwards. He has already paid 1,00,000/- which was paid in cash to the
-40-
petitioners but they refused to give the receipt. As per admittance of
respondent in his written reply that the rate of rent is 66,500/-, hence
learned Rent Controller rightly took note of the monthly rent recorded
in it. As per basic law it is for a tenant to prove the payment of rent. His
mere pleadings that he had been paying rent but the landlord was not
issuing the receipts in itself cannot cut much ice especially when there
are so many other modes of depositing the rent. In his petition,
petitioners-landlords alleged that tenant-appellant were in arrears of
rent with effect from April 2014 to December 2014 @ Rs.66,500/- per
month, total Rs.5,98,500/- and from January 2015 to May 2015 @
Rs.73205/- amounting to Rs.3,66,025/- total amount Rs.9,64,525/-
,interest @ 6% per annum amounting to Rs.40,350/- and cost of
Rs.1000/-, in all Rs.10,04,875/- and learned Rent Controller has
assessed this rent because as per mandate of the Hon'ble Supreme
Court contained in Rakesh Wadhawan's case (supra) up to date rent is
to be assessed while making provisional assessment of -rent and
consequently I find no fault in the order dated 29.5.2015 assessing the
rent and requiring the appellant to pay it till 23.7.2015. In fact
sufficient time of more than one month was afforded to him to arrange
the rent. Learned Rent Controller after affording one opportunity to
make it convenient to make the rent could not have extended the time
further.
Our Hon'ble High Court in M/S S.Nihal Singh Motors & Ors. Vs
Shama Malhotra etc., 2004(3) Civil Colirt Cases 681 (P&H), has laid
down that if a tenant fails to comply with the order assessing
provisional rent, nothing more is required to be done by Rent
Controller and an order of ejectment must follow. While propounding
this law, our Hon'ble High Court heavily relied upon observations of
-41-
the Hon'ble Apex Court contained in celebrated judgment of Rakesh
Wadhawan's case (supra).
10. As such finding no merit, the appeal is dismissed with costs.
memo of costs be prepared. Lower court record be sent back forthwith.
Appeal file be consigned to the record room.
Pronounced in open Court.

Dated: 22.1.2016 (Tarsem Mangla)
Appellate Authority
SAS Nagar Mohali

-42-
Annexure P-8

MOHALI
189/190
Revision Petition No._________________ of 2019
IN THE MATTER OF:
…..Petitioner
Versus
Chandigarh.
….Respondent
process of law.
RESPECTFULLY SHOWETH:
1. That the false compliant U/S 138 Of NI Act has been filed by the
complainant pertaining to Cheque No. 1626 dated 31.08.2014 of
Rs.30,00,000/- against the petitioner, which was pending before the
court of Ms. Harjinder Kaur, JMIC, Mohali.
2. That the petitioner had appeared in the aforementioned
complaint and faced trial before the Ld. Trial Court, which was at the
fag end. On the request of parties the matter was referred before the
-43-
mediation and conciliation centre S.A.S. Nagar Mohali. Where the
matter was compromised between the parties and the trial court had
adjourned the matter for awaiting the report from the mediation
centre. In the, mean time the petitioner has suffered from the problem
of slip disc and due acute pain in lower back while sitting as well as
standing, the petitioner could not able to do any physical activity. And
remained to bed for long period of time, and had taken the services of
masseur as well as medicines.
3. That the petitioner moved his exemption petition along with
medical certificate on dates fixed before the Ld. Trial Court. However,
the Ld. Trial declined the exemption petition, and issued the Non able
warrants at the previous official address of the petitioner i.e.
S.C.F.No.27 Phase V, S.A.S. Nagar, Mohali. It is relevant to state here that
the petitioner is not doing any business in the aforementioned S.C.F.
and same was vacated in the year 2016 after rent appeal No. 7 dated
10.08.2015 titled as "Jaswinder Pal Singh Vs/ Jaswant Kaur & Anr." was
dismissed by order dated 22.01.2016 by the Ld. Court Sh. Tarsem
Mangla, A.D.J., Mohali. As such warrants never reached to the
petitioner.
4. That the Ld. Trial court had issued proclamation U/s 82 of Cr.P.C.
on different address i.e. S.C.F. No. 27, Phase VII, S.A.S. Nagar, even the
serving constable HC Gurtej Singh has recorded his statement in the Ld.
Trial Court that the affixation of proclamation was done by him
05.06.2019 the given address of the on accused/petitioner. It is
relevant to state here that the process of proclamation has not been
followed as per procedure laid in law and the petitioner was declared
proclaimed absconder vide order dated 05.07.2019.

-44-
5. That the order of Ld. Trial Court is liable to be set aside due to
invalid procedure adopted by Ld. Trial Court to declare
petitioner/accused Proclaimed absconder.
6. That it is further pertinent to mention that at the stage
petitioner/accused. already amicably settled the matter with the
complainant but due to some unavoidable circumstances, the
petitioner could not able to finalize the settlement.
7. That Petitioner is ready to do the needful and has no malafide
intention to escape from the law or police. But 'in present
circumstances he cannot do the needful, according to the terms of
settlement due to apprehension of his arrest, so in keeping in view
anticipatory be given to the petitioner, in the present case.
8. That as per the circumstances explained above, prima facie there
are reasonable grounds for believing that the petitioner is not likely to
abscond in case the petitioner be allowed to join the trial.
9. That the Petitioner is law abiding citizen and has not committed
any offence and further undertakes not to commit any such offence.
10. That the Petitioner also undertakes not to leave the country
without the prior permission of the Court. Further the Petitioner shall
not flee justice and shall abide. by all the terms and conditions as
imposed by this Hon'ble Court.
11. That no such or similar petition has earlier been filed by the
Petitioner either in this Hon'ble Court or in any other Hon'ble Court
nor any such revision petition is pending before any Hon'ble Court of
India pertaining to order under challenge.
PRAYER
-45-
It is, therefore, respectfully prayed that this Hon'ble Court may
graciously be pleased to allow the present petition and set aside order
dated 05.07.2019 passed by the Court of Ms. Harjinder Kaur, J.M.I.C,
S.A.S. Nagar, Mohali in Complaint No. N. I. Act 539/2014 titled as
"Rakesh Kumar V/S Jaswinder Pal Singh" whereby the petitioner has
been declared Proclaimed Person in an illegal and arbitrary manner
without following the due process of law, in the interest of justice.
Place:-MOHALI JASWINDERPAL SINGH
DATED: 07.03.2019 ...PETITIONER
Through Counsel
Sd/-
R.S. SARAO
Advocate for the Petitioner

-46-
Annexure P-9

MOHALI
Revision Petition No._________________ of 2019
IN THE MATTER OF:
…..Applicant
Versus
Chandigarh.
….Respondent
FIRST APPLICATION under Section 438 Cr.P.C. fpr
grant of anticipatory bail to the Application in
Complaint No.539/2014 titled as "Rakesh Kumar
V/S Jaswinder Pal Singh" whereby the petitioner
has been declared Proclaimed Person vide order
dated 05.07.2019 by the Court of Ms. Harjinder
Kaur, J.M.I.C, S.A.S. Nagar, Mohali
RESPECTFULLY SHOWETH:
1. That the false compliant U/S 138 Of NI Act has been filed by the
complainant pertaining to Cheque No. 1626 dated 31.08.2014 of
Rs.30,00,000/- against the petitioner, which was pending before the
court of Ms. Harjinder Kaur, JMIC, Mohali.
2. That the applicant had appeared in the aforementioned
complaint and faced trial before the Ld. Trial Court, which was at the
fag end. On the request of parties the matter was referred before the
mediation and conciliation centre S.A.S. Nagar Mohali. Where the

-47-
matter was compromised between the parties and the trial court had
adjourned the matter for awaiting the report from the mediation
centre. In the, mean time the petitioner has suffered from the problem
of slip disc and due acute pain in lower back while sitting as well as
standing, the applicant could not able to do any physical activity. And
remained to bed for long period of time, and had taken the services of
masseur as well as medicines.
3. That the applicant moved his exemption petition along with
medical certificate on dates fixed before the Ld. Trial Court. However,
the Ld. Trial declined the exemption application, and issued the Non
able warrants at the previous official address of the applicant i.e.
S.C.F.No.27 Phase V, S.A.S. Nagar, Mohali. It is relevant to state here that
the applicant is not doing any business in the aforementioned S.C.F.
and same was vacated in the year 2016 after rent appeal No. 7 dated
10.08.2015 titled as "Jaswinder Pal Singh Vs/ Jaswant Kaur & Anr." was
dismissed by order dated 22.01.2016 by the Ld. Court Sh. Tarsem
Mangla, A.D.J., Mohali. As such warrants never reached to the applicant.
4. That the Ld. Trial court had issued proclamation U/s 82 of Cr.P.C.
on different address i.e. S.C.F. No. 27, Phase VII, S.A.S. Nagar, even the
serving constable HC Gurtej Singh has recorded his statement in the Ld.
Trial Court that the affixation of proclamation was done by him
05.06.2019 the given address of the on accused/applicant. It is relevant
to state here that the process of proclamation has not been followed as
per procedure laid in law and the applicant was declared proclaimed
absconder vide order dated 05.07.2019.
5. That the order of Ld. Trial Court is liable to be set aside due to
invalid procedure adopted by Ld. Trial Court to declare
applicant/accused Proclaimed absconder.

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6. That it is further pertinent to mention that at the stage
applicant/accused already amicably settled the matter with the
complainant but due to some unavoidable circumstances, the applicant
could not able to finalize the settlement.
7. That applicant is ready to do the needful and has no malafide
intention to escape from the law or police. But in present
circumstances he cannot do the needful, according to the terms of
settlement due to apprehension of his arrest, so in keeping in view
anticipatory be given to the applicant, in the present case.
8. That as per the circumstances explained above, prima facie there
are reasonable grounds for believing that the applicant is not likely to
commit any offence while on bail. It is settled law that bail, is otherwise
a valueable right for all practical purposes.
9. That the Applicant is law abiding citizen and has not committed
any offence and further undertakes not to commit any such offence if
enlarged on bail.
10. That the Applicant also undertakes not to leave the country or
abscond from the court proceeding, without the prior permission of
this Hon’ble Court. Further the Applicant shall not flee justice and shall
abide by all the terms and conditions as imposed by this Hon'ble Court.
11. That no such or similar application has earlier been filed by the
Applicant either in this Hon'ble Court or in any other Hon'ble Court nor
any such revision petition is pending before any Hon'ble Court of India
pertaining to present complaint in hand.
PRAYER
It is, therefore, respectfully prayed that this Hon'ble Court may
graciously be pleased to allow the present application and the
application may kindly be granted anticipatory bail in present

-49-
complaint case, it is further prayed that during the pendency of instant
application, in the event of arrest, the applicant may kindly be admitted
to interim anticipatory bail, in the interest of justice.
Place:-MOHALI JASWINDERPAL SINGH

DATED: 07.03.2019 ...APPLICANT
Through Counsel
Sd/-
R.S. SARAO
Advocate for the Applicant

-50-
Annexure P-10
RANJODH SINGH SARAO
ADVOCATE Emall:-ranjodhsarao@gmall.com
Chamber No.16, District Courts, Moble No. (+91 )98153-04433
Sector-76, District S.A.S Nagar.
To,
Rakesh Kumar S/o Lt. Sh. Amar Chand
R/o H.No. 509, Sector 33 B
Chandigarh
Sub:- Notice regarding execution and registration of sale' deed by my
client in your favor of Shop No.21, measuring 300 Sq Feet. at
Azad Market, Badala road Kharar.
Under the instructions and on behalf of my client Sh. Jaswinder Pal
Singh S/o Sh. Pal Singh R/0 1031, Phase 9, Mohali.
I, hereby serve upon you with the following notice:-
1. That you and my client were entered into settlement deed
before the Mediation and Conciliation Centre, S.A.S.Nagar, Mohali on
dated 29.01.2019.
2. That as per the settlement deed my client has to execute and
register the sale deed of Shop No.21, measuring 300 Sq Feet. at Azad
Market, Badala road Kharar in your favor by 04.02.2019. However, due
to unavoidable circumstances my client could not get the sale deed
register in your favor.
3. That on 30.08.2019 the counsel himself verbally stated at bar
before the Court of Sh. Rajnish Garg, Addl. Sessions Judge, S.A.S.Nagar
that my client will execute and register the sale deed of the
aforementioned shop within fifteen days in your favour.

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4. That from last three/ four days my client regularly calling Sh.
Anil Kumar Rana S/o Sh. Gian Chand Rana R/o H.No. 788, Sector 4,
Panchkula, over his Mob No. 9872612200 who happened to be
mediator between my client and you. But, Sh. Anil Kumar Rana has told
to my client that you are out of station and not given 'any satisfactory
reply.
5. That after waiting for your consent, my client even called on
your mobile No. 98140-14509 at 5:10 PM for registration and
execution o sale deed in your favor. But you have not given satisfactory
reply regarding that.
6. That my client is ready to get the execute and register the sale
deed of aforementioned shop in your favor and for that purpose my
client will be present in the office of Sub-Registrar, Kharar, on
08.09.2019 alongwith requisite documents which are required for the
registration of sale deed.
Therefore, in the above given circumstances I call upon you through
this notice which is to be sent to you through registered post that be
present yourself or through your nominee in the office of Sub-
Registrar, Kharar on 08.09.2019 within time to get the sale deed
registered in your favor by my client.
Note:- A copy of this legal notice is retained in my office for further
reference and record.
Sd/-
RANJODH SINGH SARAO
ADVOCATE

-52-
CHANDIGARH
CRM-M- ___________ of 2021
Versus
Total Court Fee

P-2972/2010

JaswinderPal Singh Riar 539 Vs State of Punjab &amp; Anr-I

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JaswinderPal Singh Riar 539 Vs State of Punjab &amp; Anr-I

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IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT

Note: Next date before Trial Court is 26.07.2021.

Chandigarh Ravi Gakhar

CRM-M- ___________ of 2020

of House No. 1031, Phase 9 Mohali District S.A.S. Nagar

Sector 33-B Chandigarh

Chandigarh Ravi Gakhar

prayer for quashing of impugned order dated

05.07.2019 (Annexure P-1) passed by Ld.

Judicial Magistrate First Class District S.A.S.

Nagar in Complaint Number 539/2014

titled as “Rakesh Kumar Vs. Jaswinder Pal

Singh” whereby the petitioner has been

declared “Absconder of law” on the basis of

defective & wrong service which is being

enumerated in the present petition

warranting kind indulgence of this Hon’ble

During the pendency of present petition

before this Hon’ble court impugned order

dated 05.07.2019 (Annexure P-1) passed by

Ld. Judicial Magistrate First Class District

S.A.S. Nagar may kindly be stayed, in the

Any other order or direction which this

Hon’ble court may deem fit and proper in the

facts and circumstances of the case, may also

State of Punjab and being citizen of India, he is entitled and competent

to invoke the extra ordinary jurisdiction of this Hon’ble court by way of

filing present petition.

no offence. By way of present petition, the petitioner is challenging

impugned order dated 05.07.2019 passed by Ld. Judicial Magistrate

05.07.2019 is being annexed herewith as Annexure P-1.

being catalogued as under for the ready reference of this Hon’ble

06.09.2014 One legal notice allegedly served upon the petitioner by

respondent no. 2 disputing the dishonor of negotiable

instrument act. The copy of legal notice dated

06.09.2014 is being annexed herewith as Annexure P-

2. It is worth to point here that the notice allegedly

served upon petitioner upon two addresses. The details

of addresses are being reproduced as under for the

ready reference of this Hon’ble court: -

i) S.C.F. 27, Phase 5 S.A.S. Nagar Mohali

ii) 1030 Phase VII Mohali Punjab

30.09.2014 One complaint was made by respondent no. 2 alleging

legal liability of petitioner for making certain payment

in lieu of alleged agreement. The copy of complaint

dated 30.09.2014 is being annexed herewith as

15.12.2014 The court issued notice to the petitioner in the

complaint filed by respondent no. 2.

08.01.2016 The petitioner appeared with counsel and ordered to be

Was agreed to make the payment to the tune of Rs.

15,00,000/- as well as register one shop in the name of

respondent no. 2. The copy of compromise dated

29.01.2019 is being annexed herewith as Annexure P-

Under the impression that now the settlement has taken

place in between parties, the petitioner could not

appear before the court and started making efforts for

compliance of terms and conditions of settlement.

03.06.2019 Due to non-appearance, the court issued notice under

section 82 for proclamation requiring the appearance of

a person accused. The copy of notice dated 06.06.2019

is being annexed herewith as Annexure P-5. It is

relevant to mention here that notices were issued on

the address SCF 27 Phase VII SAS Nagar Mohali.

JaswinderPal Singh Riar 539 Vs State of Punjab & Anr-I

JaswinderPal Singh Riar 539 Vs State of Punjab & Anr-I