Karan Ahuja Vs State of Haryana and Anr. — Cheque Dishonour | Punjab & Haryana HC (2026)

Karan Ahuja Vs State of Haryana and Anr. — Cheque Dishonour | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Petition disposed on stated terms: petitioner directed to appear before the trial Court/Duty Magistrate, Hisar on 14.08.2026; non-bailable warrants kept in abeyance till then; pending CRM(s), if any, also disposed of accordingly. Orders were not quashed.

Issue for consideration

Whether the orders of the Judicial Magistrate Ist Class, Hisar issuing bailable and non-bailable warrants against the petitioner in the Section 138 NI Act complaint case were liable to be quashed, given counsel's claim that the petitioner was never served the summons.

Court's answer

Non-bailable warrants were issued only to secure the petitioner's presence in the trial.

Ratio / Principle

Since the offence under Section 138 Negotiable Instruments Act, 1881 is bailable in nature, the court relied on its bailability in disposing of the petition rather than treating the petitioner as unreachable.

Key takeaways

The petitioner is directed to put in appearance before the trial Court/Duty Magistrate, Hisar on the date fixed, i.e. 14.08.2026.ratio¶17
Until the petitioner's appearance on 14.08.2026, the non-bailable warrants issued against him shall be kept in abeyance; the prayer for outright quashing of the warrant orders was not granted as such.ratio¶17

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Shalini Singh Nagpal J., oral) disposed of a S.528 Bharatiya Nagarik Suraksha Sanhita, 2023 petition (CRM-M-40312-2026 O&M) by Karan Ahuja seeking quashing of warrant orders dated 14.07.2026, 28.02.2025, 02.08.2025 and 02.01.2026 of the Judicial Magistrate Ist Class, Hisar in complaint No. NACT-4859-2024, S.138 Negotiable Instruments Act, 1881 (Neetika Gupta Vs. M/s Dayal Associate). Counsel contended the petitioner was never served summons, yet bailable warrants (28.02.2025) and thereafter non-bailable warrants were issued. Observing that the NBWs had been issued only to secure trial presence, and noting the S.138 offence is bailable, the Court directed the petitioner to appear before the trial Court/Duty Magistrate, Hisar on 14.08.2026 and kept the NBWs in abeyance till then; the petition stood disposed on these terms, with pending CRM(s) likewise disposed.

148 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH

CRM-M-40312-2026 (O&M) Date of Decision: 23.07.2026

KARAN AHUJA …Petitioner

V/S

STATE OF HARYANA AND ANOTHER …Respondents

CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL

Present: Mr.Virender Kumar, Advocate for the petitioner. (through video conferencing)

SHALINI SINGH NAGPAL J. (Oral)

Vide this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, petitioner seeks quashing of orders dated 14.07.2026, 28.02.2025, 02.08.2025 and 02.01.2026 of learned Judicial Magistrate Ist Class, Hisar in complaint case No. NACT-4859-2024 under Section 138 of Negotiable Instruments Act, 1881, titled Neetika Gupta Vs. M/s Dayal Associate, vide which bailable and non-bailable warrants were issued against the petitioner.

Learned counsel for the petitioner submits that petitioner was summoned as an accused in complaint case titled Neetika Gupta Vs. M/s Dayal Associate under Section 138 of Negotiable Instruments Act, 1881. Though, petitioner was never served the summons, his presence was ordered to be secured through bailable warrants on 28.02.2025 and thereafter, through non-bailable warrants. Learned counsel submits that petitioner had nothing to do with the cheque case nor was ever served with the summons or the bailable warrants and the order of learned Judicial Magistrate Ist Class, Hisar dated 14.07.2026 was illegal, is liable

to be quashed.

AJAY GOSWAMI 2026.07.23 20:32 I attest to the accuracy and integrity of this document

CRM-M-40312-2026 (O&M)

-2-

Heard.

From Annexure P-1, case status reflected on the e-Courts Mission Mode Project website and the daily orders placed on record, it appears that petitioner has been summoned as an accused. Non-bailable warrants have been issued only to secure his presence in the trial. The offence under Section 138 Negotiable Instruments Act, 1881 being bailable in nature, petitioner is directed to put in appearance before the trial Court/Duty Magistrate, Hisar on the date fixed i.e. 14.08.2026. Till then, non-bailable warrants issued against the petitioner shall be kept in abeyance.

Petition stands disposed of on the aforesaid terms.

Pending CRM(s), if any, are also disposed of accordingly.

23.07.2026

(SHALINI SINGH NAGPAL) JUDGE

Ajay Goswami

Whether speaking/reasoned Yes/No Whether reportable Yes/No

AJAY GOSWAMI 2026.07.23 20:32 I attest to the accuracy and integrity of this document