Balbir Singh and Anr. v. Balwant Singh
Case brief
What is this about?
The Court quashed the summons in a cheating complaint alleging a dispute over a harvesting combine purchase, directing that proceedings be stayed until the outcome of a prior FIR filed by the petitioners in Rajasthan is determined, as both cases involve cross-defenses regarding the same transaction.
What the court decided
Crl.Misc.No.M-11842 of 2008 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Criminal Misc. No. M-11842 of 2008
Date of Decision: 22 - 4 - 2009
Balbir Singh and another
.....Petitioners
v.
Balwant Singh .....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr.Ashwani Bakshi, Advocate for the petitioners.
Mr.H.PS.Ghuman, Advocate for the respondent.
Issues for consideration
3 issues framed by the court
Whether the criminal complaint filed by the respondent is a counter-blast to an earlier FIR filed by the petitioners or a genuine criminal dispute.
Whether the present dispute regarding the sale and purchase of a harvesting combine involves a civil dispute requiring a separate suit rather than a criminal prosecution.
Whether the petition under Section 482 CrPC should be allowed to quash the criminal proceedings or stay them pending the trial of the prior FIR.
Parties & counsel
- petitioner
Balbir Singh
- petitioner
Gurmail Singh
- respondent
Balwant Singh
Coram
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · April
- Registered
- Case no.
- CRM-M/11842/2008
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