M/S EMM EMM FUELS AND ANOTHER vs STATE OF PUNJAB AND ANOTHER

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 137 CRM-M-28465-2026 Decided on : 19.05.2026 M/s Emm Emm Fuels and another . . . Petitioner(s) Versus State of Punjab and another . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Vipin Mahajan, Sr. Advocate with Mr. Ekakshra Mahajan Mandhar, Advocate for the petitioner(s). Mr. Vinay Malhotra, DAG, Punjab. **** SANJAY VASHISTH, J. (Oral) 1. Instant petition under Section 528 of the BNSS, 2023 (earlier Section 482 Cr.P.C.), has been filed for seeking quashing of order dated 07.05.2026 (Annexure P-4), passed by the learned Judicial Magistrate Ist Class, Amritsar, in criminal complaint case bearing No. NACT/4802/2023, titled as, “HDFC Bank Ltd. v. M/s Emm Emm Fuels and another” ,(Annexure P-1), instituted under Section 138 of the Negotiable Instruments Act, 1881 (in short, ‘NI Act’), along with all consequential proceedings arising therefrom, whereby, petitioner has been declared as a ‘Proclaimed Person’ allegedly without following the due procedure of law. 2. Learned Senior counsel for the petitioners submits that complainant/respondent No.2 instituted complaint bearing No. NACT/4802/2023 under Section 13