IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-29993 of 2008
Date of decision: 12th January, 2009
Sunil Joshi
... Petitioner
Versus
State of Haryana and another
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: None for the petitioner.
Mr. S.S. Mor, Senior DAG Haryana for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
No body was present on the date, when notice of motion was
issued. Today again, nobody has appeared for the petitioner. Even none
has caused appearance for the complainant.
A version has been set out by the petitioner that there was no
need for issuance of a cheque. Counsel has further relied upon a delivery
slip (Annexure P-2) and has stated in the petition that there was an
agreement that cheque of Rs.2.00 lacs was to be given as security and
after the delivery of goods, same was to be returned.
Disputed questions of fact are involved. No interference is
warranted by this Court while exercising jurisdiction under Section 482
Cr.P.C., as the facts stated in the present petition can only be proved by
the petitioner after he leads evidence in support of the averments made in
the present petition.
With these observations, present petition is disposed off.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
January 12, 2009
rps