Crl. Misc. No. M-30298 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-30298 of 2010 DATE OF DECISION: August 04, 2011 Rajneesh Kumar .........PETITIONER(S) VERSUS State Bank of Bikaner and another ........ RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Sandeep Arora, Advocate, for the petitioner(s). Mr. H.C. Gupta, Advocate, for respondent no. 1. AJAI LAMBA, J. (ORAL) This petition filed under Section 482 Cr.P.C. prays for quashing of Complaint No. 3610/2/2009 dated 12.4.2006 titled State Bank of Bikaner & Jaipur vs. Tej Pal Jagga and another under Section 138 of Negotiable Instruments Act, 1881 and Section 420 IPC pending in the Court of Judicial Magistrate Ist Class Jalandhar (Annexure P-1) and order dated 14.09.2010 passed by Judicial Magistrate, Jalandhar. It is the admitted case that the negotiable instrument, in context of which proceedings under Section 138 of the Negotiable Instruments Act, 1881 have been carried, has been signed only by respondent no. 2-Tej Pal Jagga. This fact also finds mention in order dated 14.09.2010 passed by Judicial Magistrate Ist Class, Jalandhar (para no. 6). Learned counsel for respondent no. 1 contends that he would not press charges against the petitioner, however, it should be without prejudice Crl. Misc. No. M-30298 of 2010 2 to the rights of the respondent-Bank to initiate proceedings against the petitioner in other contexts. I have considered the contention of the learned counsel. In view of the fair stand of learned counsel for respondent no. 1, this petition is allowed. Complaint No. 3610/2/2009 dated 12.4.2006 titled State Bank of Bikaner & Jaipur vs. Tej Pal Jagga and another under Section 138 of Negotiable Instruments Act, 1881 and Section 420 IPC pending in the Court of Judicial Magistrate Ist Class Jalandhar (Annexure P-1) and order dated 14.09.2010 passed by Judicial Magistrate, Jalandhar are hereby quashed qua the petitioner. It is, however, made clear that it shall be without prejudice to the rights of respondent no. 1-Bank in other proceedings to proceed against the petitioner because petitioner is one of the loanees and guaranter in transactions between the bank, petitioner no. 1 and respondent no. 2. 04.08.2011 (AJAI LAMBA) shivani JUDGE