Naresh Kumar Gupta and Another Vs M/S Sood Resigna… — Cheque Dishonour | Punjab & Haryana HC (2026)

Naresh Kumar Gupta and Another Vs M/S Sood Resigna… — Cheque Dishonour | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Petition allowed; impugned judgment dated 04.01.2024 of the learned Additional Sessions Judge, Chandigarh quashed and set aside; matter remanded to the concerned Appellate Court for adjudication of fresh appeal; parties directed to appear before the Appellate Court on 10.02.2026; learned Sessions Court to issue notices and, if the petitioners are again unrepresented, is at liberty to proceed by appointing legal aid counsel on their behalf; all pending miscellaneous applications disposed of.

Issue for consideration

Whether the appellate judgment can stand when it was passed in the absence of the petitioners, who were unheard and for whom no legal aid counsel was appointed despite their being unrepresented.

Court's answer

Where the convicts were absent, the appropriate remedy was to appoint a legal aid counsel on their behalf to hear the appeal, which was not done; this failure is a ground to set aside the appellate judgment.

Ratio / Principle

On this ground alone, the petition is allowed and the impugned judgment dated 04.01.2024 passed by the learned Additional Sessions Judge, Chandigarh is quashed and set aside, with the matter remanded to the concerned Appellate Court for adjudication of the fresh appeal.

Detailed headnote1 paragraphs

Criminal petition (CRR-226-2024 (O&M)) against conviction under Section 138 of the N.I. Act — petitioners convicted and sentenced to three months' rigorous imprisonment each by judgment dated 22.01.2019 of the Judicial Magistrate Ist Class, Chandigarh; their Criminal Appeal No. 101/2019 dismissed by judgment dated 04.01.2024 of the Additional Sessions Judge, Chandigarh — appeal was decided in the absence of the petitioners, who were unrepresented despite non-bailable warrants, and no legal aid counsel was appointed for them — held that where convicts are absent, the appropriate remedy is to appoint a legal aid counsel to hear the appeal, which was not done — on this ground alone the petition is allowed; judgment dated 04.01.2024 quashed and set aside; matter remanded to the Appellate Court for fresh adjudication; parties to appear on 10.02.2026; Appellate Court at liberty to appoint legal aid counsel if the petitioners are again unrepresented.

CRR-226-2024 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

211 CRR-226-2024 (O&M) Date of Decision: 20.01.2026

Naresh Kumar Gupta and another ......... Pe��oners

Versus

M/s Sood Resigns and Polymers ......... Respondent

CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present Mr. H.S. Randhawa, Legal Aid Counsel for the pe��oners.

Mr. Mohan Singh Chauhan, Advocate for the respondent.

ANOOP CHITKARA, J. (ORAL)

The present pe��on has been filed for se)ng aside the impugned judgment dated 04.01.2024 passed by learned Addi�onal Sessions Judge, Chandigarh in Criminal Appeal No. 101/2019, whereby the appeal filed by the pe��oners was dismissed and impugned judgment dated 22.01.2019 passed by learned Judicial Magistrate Ist Class, Chandigarh, whereby the pe��oners were convicted and sentenced to undergo rigorous imprisonment for a period of three months each for the commission of offence punishable under Sec�on 138 of N.I. Act was upheld.

Learned legal aid counsel for the pe��oners submits that the impugned judgment was passed in the absence of the pe��oners, they were unheard and not even a legal aid counsel was appointed on their behalf.

Counsel for the respondent submits that despite issuance of non-bailable warrants, the pe��oners were unrepresented. However, he has not disputed the aforesaid posi�on.

Needless to say that if the convicts were absent, then the appropriate remedy

is to appoint a legal aid counsel on their behalf to hear the appeal, which was not done.

JYOTI 2026.01.27 09:45 I attest to the accuracy and integrity of this order/judgment.

CRR-226-2024 (O&M)

2

On this ground alone, the present pe��on is allowed and the impugned judgment 04.01.2024 passed by learned Addi�onal Sessions Judge, Chandigarh, is quashed and set aside. The ma9er is remanded back to the concerned Appellate Court for adjudica�on of fresh appeal. The par�es are directed to appear before the Appellate Court on 10.02.2026. Learned Sessions Court to issue no�ces to the par�es and in case, pe��oners are again unrepresented, Court is at liberty to proceed further by appoin�ng legal aid counsel on their behalf. All pending miscellaneous applica�ons, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE

20.01.2026 Jyo�-II

JYOTI 2026.01.27 09:45 I attest to the accuracy and integrity of this order/judgment.