“High Court Affirms Continuation of Trial Despite Lost Cheque: ‘No Ground for Dismissal or Adjournment’ – Punjab and Haryana High Court”
In a significant ruling, the Punjab and Haryana High Court has dismissed a petition filed by PG Micro System Private Ltd., seeking to quash orders passed by lower courts in a cheque dishonour case against Softech Computers. The High Court, presided over by Justice Deepak Gupta, upheld the decisions of the Judicial Magistrate and the Additional Sessions Judge, Gurugram, emphasizing that the loss of the original cheque in transit is not a valid ground for dismissing the complaint or adjourning the matter sine die.
The case, CRM-M No. 62122 of 2023, decided on December 15, 2023, revolved around the dishonour of a cheque worth Rs. 28,00,092, allegedly issued by the petitioner, PG Micro System Private Ltd. The petitioner contended that the cheque was not issued by them, supporting their claim with forensic evidence. However, a significant twist occurred when the original cheque was lost in transit before forensic examination by RFSL, Bhondsi, Gurugram.
In his judgment, Justice Gupta stated, “What will be the consequences of non-availability of the original cheque in the light of the afore-said circumstances, is to be appreciated by the trial Court, at the time of conclusion of trial.” He further added, “However, for the simple reason that cheque in question has been lost during transit, cannot be a ground either to dismiss the complaint or to adjourn the matter sine die.”
The High Court’s observation clarified that the trial should proceed with the reconstructed documents and the photographs of the cheque available with RFSL. The court also noted that the cheque was dishonored with the remark ‘Payment Stopped by Drawer’, not due to a signature mismatch, which was a central issue in the petitioner’s defense.
This decision sets a precedent in cases where crucial evidence is lost or compromised during legal proceedings. The High Court’s ruling highlights the importance of the continuity of the trial process and the assessment of available evidence, reinforcing the principles of justice and due process.
The case now returns to the trial court for further proceedings, with both parties preparing to present their arguments based on the reconstructed evidence and available records.
Decided on : 15-12-2023
PG MICRO SYSTEM PRIVATE LTD. Vs. SOFTECH COMPUTERS
