Cheque In Question Lost During Transit, Not A Ground to Dismiss Complaint Or  Adjourn  Matter Sine Die: P&H HC

 In a significant ruling, the Punjab and Haryana High Court dismissed a petition filed by PG Micro System Private Ltd. against Softech Computers, pertaining to a cheque dishonor case. The judgement, pronounced by Hon'ble Mr. Justice Deepak Gupta, emphasized the importance of proceeding with a trial despite the loss of the original cheque.

The petitioner sought to quash the orders passed by the lower courts, which declined to dismiss the complaint or adjourn the case sine die after the original cheque, crucial to the case, was lost in transit. The cheque, amounting to ₹28,00,092, was dishonored under Sections 138 and 141 of the Negotiable Instruments Act, with the accused claiming no liability and denying the handwriting on the cheque.

In his ruling, Justice Gupta highlighted, "For the simple reason that the cheque in question has been lost during transit, cannot be a ground either to dismiss the complaint or to adjourn the matter sine die." This statement underlines the court's position on the non-impact of the lost cheque on the continuation of the trial.

Further, the court observed that the cheque was dishonored with the remark “Payment Stopped by Drawer,” not for a mismatch of signatures. This detail played a crucial role in the court's decision to dismiss the petition.

The High Court's decision upholds the earlier observations made by the trial court. The trial court had noted that the lost document had been reconstructed and that photographs of the disputed signature were available with RFSL, Bhondsi Gurugram. This reconstruction was deemed sufficient for the trial to proceed.

Date of Decision : 15.12.2023

PG Micro System Private Ltd.  VS Softech Computers