The court upheld the dismissal of an application to delete paragraphs 6 and 7 of a complaint in a cheque dishonour case, holding that these paragraphs disclosed relevant facts regarding the complainant's state of mind.
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109 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRR No. 1742 of 2024
Date of Decision: 12.09.2024
Rajat Bha�a
...Pe��oner
Versus
Ja�n Chawla …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Amit Arora, Advocate for the pe��oner.
ANOOP CHITKARA, J.
Aggrieved by dismissal of the applica�on to amend the complaint by
dele�ng paras no.6 and 7 of the complaint, the complainant has come up before this Court.
Paras no.6 and 7 reads as follows:-
“6. That the complainant approached the accused and appraised him about the fate of cheque. Upon which the accused have taken the plea that due to unavoidable circumstances, accused could not maintain sufficient balance in his account to honour the said cheque and requested complainant to represent the said cheque a�er one month �mes period and assured complainant that the same would be encashed definitely.
7. That keeping in view the rela�ons with the accused and treated his reason as genuine, complainant agreed for the same and again represented the said cheque with his banker for encashment but the same was again dishonoured by the accused's banker vide "return memo dated: 01.09.2022 with remarks "Funds Insufficient".
On the face of it, it discloses complainant’s state of mind and is a relevant
fact under Sec�on 2(f) of Bhara�ya Sakshya Adhiniyam (corresponding to Sec�on 3(2) of Indian Evidence Act).
Given above, there is no illegality in the impugned order.
Pe��on is dismissed. All pending applica�ons, if any, stand disposed.
(ANOOP CHITKARA) JUDGE 12.09.2024 Jyo� Sharma Whether speaking/reasoned: Yes Whether reportable: No.
1
Jyoti Sharma 2024.09.17 10:23 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh
1 issue framed by the court
Whether the complaint contained facts disclosing the complainant's state of mind?
1 provisions across 1 enactments
Rajat Bhaia
Ja'in Chawla
Anoop Chitkara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
