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

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

What the court decided

AI extract

Outcome

Petition allowed; judgment dated 04.01.2024 of the Additional Sessions Judge, Chandigarh quashed and set aside; matter remanded to the Appellate Court for adjudication of the fresh appeal; parties directed to appear before the Appellate Court on 10.02.2026; Sessions Court to issue notices to the parties 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 dated 04.01.2024 dismissing the petitioners' Criminal Appeal No.239/2019 should be set aside because the petitioners were absent, unheard, and unrepresented by any counsel, including legal aid, when their appeal was heard.

Court's answer

If the convict was absent, the appropriate remedy was to appoint a legal aid counsel on his behalf to hear the appeal, which was not done.

Ratio / Principle

On this ground alone, the petition is allowed and the impugned judgment dated 04.01.2024 of the learned Additional Sessions Judge, Chandigarh is quashed and set aside.

Key takeaways

The matter is remanded to the concerned Appellate Court for fresh adjudication of the appeal.ratio¶¶20

Detailed headnote1 paragraphs

Criminal Revision - Absence of appellants in appeal under Section 138 N.I. Act - Where convicts were absent and unrepresented during the appellate hearing despite non-bailable warrants, and no legal aid counsel was appointed on their behalf, the High Court held that the appropriate remedy is to appoint legal aid counsel to hear the appeal; failure to do so vitiated the hearing. Accordingly, the judgment dated 04.01.2024 of the Additional Sessions Judge, Chandigarh in Criminal Appeal No.239/2019 (which had upheld the petitioners' conviction dated 11.04.2019 by the Judicial Magistrate Ist Class, Chandigarh, sentencing each to one year's rigorous imprisonment under Section 138 of the N.I. Act) was quashed and set aside on this ground alone; the matter was remanded to the Appellate Court for fresh adjudication of the appeal, with parties to appear on 10.02.2026 and liberty to the Sessions Court to appoint legal aid counsel if the petitioners were again unrepresented. (Anoop Chitkara, J., oral order dated 20.01.2026.)

CRR-243-2024 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

211-3

CRR-243-2024 (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.239/2019, whereby the appeal filed by the pe��oners was dismissed and impugned judgment dated 11.04.2019 passed by learned Judicial Magistrate Ist Class, Chandigarh, whereby the pe��oners were convicted and sentenced to undergo rigorous imprisonment for a period of one year 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 convict was absent, then the appropriate remedy is

to appoint a legal aid counsel on his 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-243-2024 (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

Whether speaking/reasoned Yes/No
Whether Reportable Yes/No

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