Bela Bansal and Ors. Vs Shree Hari Spintex Ltd. — Cheque Dishonour | Punjab & Haryana HC (2025)

Bela Bansal and Ors. Vs Shree Hari Spintex Ltd. — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

No substantive relief: neither complaint was quashed nor any order set aside. Petitions disposed of without expressing opinion on merits, with the petitioners' submissions left to be raised before the learned trial Court; pending miscellaneous applications, if any, also disposed of.

Issue for consideration

Whether complaint No. COMA/207/2022 (“Shree Hari Spintex Ltd. v. Mayfair Fabrics Limited”, instituted 04.08.2020) under Section 138 NI Act pending before JMIC, Talwandi Sabo, together with the summoning order dated 02.12.2020 and order dated 03.01.2022, ought to be quashed/set aside (prayer in CRM-M-9555-2022). +2 more

Court's answer

Both petitions (CRM-M-9555-2022 and CRM-M-9634-2022) are disposed of; pending miscellaneous applications, if any, also stand disposed of.

Ratio / Principle

Apprised of the advanced stage of trial (fixed for defence evidence and final arguments), the Court declined to go into the factual matrix or express any opinion on merits, holding that the submissions sought to be raised in these petitions can appropriately be raised before the learned trial Court at the first instance, along with the evidence already led.

Key takeaways

The learned trial Court is expected to decide the trial expeditiously, including the issue of maintainability of the complaint, if found involved.obiter¶31
Nothing observed in the order shall be construed as an expression of opinion on the merits of the case; the learned trial Court shall decide the matter on the basis of the evidence available on record.ratio¶32

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Sanjay Vashisth, J., oral) disposed of two quashing petitions under Section 482 Cr.P.C. (Section 528 of BNSS, 2023) — CRM-M-9555-2022 and CRM-M-9634-2022 filed by Bela Bansal and others against Shree Hari Spintex Ltd. — seeking quashing of two complaints (COMA/207/2022 and COMA/208/2022, instituted 04.08.2020) under Section 138 of the NI Act pending before the JMIC, Talwandi Sabo, and setting aside of the summoning order dated 02.12.2020 (Annexure P-2A) and order dated 03.01.2022 (Annexure P-6 & P-7). On learning from the respondent-complainant's counsel that the trial had reached almost its final stage (defence evidence and final arguments) with no stay of proceedings, the Court declined to enter the factual matrix or express any opinion on merits, disposed of both petitions and the pending miscellaneous applications, left all submissions — including maintainability of the complaint — to be raised before the trial Court at the first instance, and expected the trial Court to decide the trial expeditiously on the basis of the evidence on record, expressly clarifying that nothing observed was an opinion on merits.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

123

CRM-M-9555-2022 Decided on : 09.12.2025

BELA BANSAL AND OTHERS

. . . Petitioner(s)

Versus

SHREE HARI SPINTEX LTD.

. . . Respondent(s)

CRM-M-9634-2022

BELA BANSAL AND OTHERS

. . . Petitioner(s)

Versus

SHREE HARI SPINTEX LTD.

. . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

PRESENT: Mr. Akhilesh Vyas, Advocate for the petitioner(s) (in both cases).

Mr. Namit Gautam, Advocate for the respondent(s) (in both cases).

SANJAY VASHISTH, J. (Oral)

This order shall dispose of CRM-M-9555-2022 and CRM-M9634-2022, as in both the cases parties are the same and proceedings have emanated out of similar allegations under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, ‘NI Act’), and the prayer made therein is also similar.

CRM-M-9555-2022 has been filed under Section 482 Cr.P.C. (Section 528 of BNSS, 2023) for quashing of complaint bearing No. COMA/207/2022, titled as “Shree Hari Spintex Ltd. v. Mayfair Fabrics Limited” (date of institution 04.08.2020) under Section 138 of the NI Act, pending before the learned JMIC, Talwandi Sabo (Annexure P-1). Besides,

JAWALA RAM 2025.12.10 10:41 I attest to the accuracy and authenticity of this document

CRM-M-9555-2022 CRM-M-9634-2022 - 2 -

prayer has also been made for setting aside the summoning order dated 02.12.2020 (Annexure P-2A), as well as order dated 03.01.2022 (Annexure P-6 & P-7) passed by the learned JMIC, Talwandi Sabo, in the aforesaid complaint case.

Similarly, CRM-M-9634-2022 has been filed under Section 482 Cr.P.C. (Section 528 of BNSS, 2023) for quashing of complaint bearing No. COMA/208/2022, titled as “Shree Hari Spintex Ltd. v. Mayfair Fabrics Limited” (date of institution 04.08.2020) under Section 138 of the NI Act, pending before the learned JMIC, Talwandi Sabo (Annexure P-1). Besides, prayer has also been made for setting aside the summoning order dated 02.12.2020 (Annexure P-2A), as well as order dated 03.01.2022 (Annexure P-6 & P-7) passed by the learned JMIC, Talwandi Sabo, in the aforesaid complaint case.

Learned counsel appearing on behalf of the respondentcomplainant submits that the instant petitions were instituted in February 2022 and, there being no stay of proceedings before the trial Court, the trial has reached almost at its final stage and trial in both the cases is now fixed for defence evidence as well as for final arguments. Therefore, whatever submissions are intended to be addressed before this Court, can now be very well addressed before the learned trial Court itself. Accordingly, the petitions deserve to be disposed of.

On being apprised of the advanced stage of trial, I refrain from going into the factual matrix or expressing any opinion on merits. The submissions sought to be raised herein can appropriately be raised before the learned trial Court for its consideration at the first instance, along with the evidence already led by the respective parties.

JAWALA RAM 2025.12.10 10:41 I attest to the accuracy and authenticity of this document

CRM-M-9555-2022 CRM-M-9634-2022 - 3 -

In view of the above, present petitions are disposed of.

It is also expected that the learned trial Court shall decide the trial expeditiously, including the issue of maintainability of complaint, if any found strictly involved.

It is, however, made clear that nothing observed here-above shall be construed to be an expression of opinion on the merits of the case and the learned trial Court shall decide the matter on the basis of the evidence available on record.

Pending misc. application(s), if any, also stand(s) disposed of. Photocopy of this order be placed on the file of other connected

case.

(SANJAY VASHISTH) JUDGE

December 09, 2025 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

JAWALA RAM 2025.12.10 10:41 I attest to the accuracy and authenticity of this document