M/S Shiv Shakti Grains (India) Pvt. Ltd. and Others Vs M/S Sood Trading Company

Th e present petition has been fil e d under Section 528 of Bhara t iya Nagarik Surak s ha Sanhita (BNSS) 2023 f o r quashing the complaint d a ted 27.07.2017 bea r ing No. NACT/431/2017 title d as M/s Sood Trading co. Vs. M /s Shiv Shakti G r ains (India) Pvt. Ltd and oth e rs, filed by the respondent u n der Section 138 o f the Negotiable Instruments Act, 1881 and all conseque n tial proceedings e m anating therefrom including th e judgment of conviction and o r der of sentence dat e d 28.02.2020 passed by learn e d Judicial Magistrate 1^st Class - IV, Kapurthala.

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Le a rned counsel for the petitioner c ontends that the present petitio n be entertained, ke e ping in view of judgment date d 19.07.2024 passed by the Hon ’ ble Supreme Court in M/s Shiv Shakti Grains (India) Pvt Ltd and anr. Vs. M/s Kaur Chand Munish Kumar , passed in Spl. Leave to Appeal (Crl) Nos. 9104-91402024 (Annexur e P-14).

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Gaurav Arora 2025.04.03 17:53 I attest to the accuracy and integrity of this document

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CRM-M-16011-2025 (O&M) - 2-

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O n receipt of advance copy of t h e petition, learned counsel for the respondent con t ends that the petitioner has a lready filed an appeal before the learned Addl. S e ssions Judge and on 13.03.202 5 , following order was passed:-

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“A p pellant is absent. Appellant is remained absent despite repeated calls since morning. None ha s appeared to represent the appellant. In these circumstances, bail granted to appellant under Section 3 89 is cancelled. Bails bonds are forfeited to the State. Warrants for realization of surety amount be issued to the collector authorizi n g him to recover the amount o f arrears of land revenue from the property of surety.

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Ld. Counsel for the respondents h a s also requested to assist the Court an d arguments will be addressed on the next date of hearing after that case will be decided forthwith. A djourned to 15.04.2025.”

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Le a rned counsel for the responde n t further contends that the pre s ent petition is filed after passing of the order date d 13.03.2025 and thus the petiti o ner has concealed t h e above order while filing the p r esent petition. 5. I h ave heard learned counsel for the parties and perused the w h ole record of this c a se. 6. Th e present petition is a total abu s e of process of law. The petiti o ner has sought qua s hing of his judgment of conv i ction and order of sentence d a ted 28.02.2020 pas s ed by learned Judicial Magistr a te 1^st Class-IV, Kapurthala, u n der Section 138 o f Negotiable Instruments Act, 1881, for which the petitione r is already pursui n g his statutory remedy of app e al. The filing of present peti t ion amounts to availing parallel remedies at the sa m e point of time.

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Gaurav Arora 2025.04.03 17:53 I attest to the accuracy and integrity of this document

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CRM-M-16011-2025 (O&M) - 3-

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In v iew of the above, this Court d o not find any ground to quash the complaint date d 27.07.2017 bearing No. N A CT/431/2017 titled as M/s S o od Trading Co. V s . M/s Shiv Shakti Grains (Indi a ) Pvt. Ltd and others, filed by the respondent under Section 138 of the Negotia b le Instruments Act, 1881 and all consequential p roceedings emanating there fr om including the judgment of conviction and order of sentence dated 28.0 2 .2020 passed by learned Judicial Magistrate 1^st C lass-IV, Kapurthala, since app e al bearing No. CRA/79/2020 fi led by the petitioner against the said judgment of c onviction and order of sentenc e , is already pendin g for 15.04.2025 before the learn e d Addl. Sessions Judge.

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Th e petition, being devoid of any m erits, is dismissed.

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Pe n ding application (s), if any, als o stand disposed of.

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March 26, 2025 (SUDEEPTI SHARMA)

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Gaurav Arora JUDGE

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Wheth e r speaking/non-speaking : Spea k ing Wheth e r reportable : Yes/ N o

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Gaurav Arora 2025.04.03 17:53 I attest to the accuracy and integrity of this document

M/S Shiv Shakti Grains (India) Pvt. Ltd. and Others v. M/S Sood Trading Company

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M/S Shiv Shakti Grains (India) Pvt. Ltd. and Others v. M/S Sood Trading Company

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