M/S INDIA REALITY AND ANOTHER vs DHEERAJ KATYAL

In the High Court for the States of Punjab and Haryana at Chandigarh 142 CRM-M-25679-2026 (O&M) Date of Decision:- 07.05.2026 M/s India Reality and another … Petitioner Versus Dheeraj Katyal ... Respondent CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Mr. Saksham Parmar, Advocate, for the petitioners. ***** SUBHAS MEHLA, J. (Oral) 1. Present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short - ‘the BNSS’) for quashing/setting aside the summoning order dated 15.07.2025 (Annexure P- 10) passed by the learned Judicial Magistrate Ist Class, Gurugram, in complaint case bearing No.NACT-25196-2024, tiltled Dheeraj Katyal Vs. M/s India Reality and others’ along with and all subsequent proceedings arising therefrom. 2. Learned counsel for the petitioners contended that no legally enforceable debt or liability, as required under Section 138 of the Negotiable Instruments Act, 1889 (for short - ‘NI Act’) ever existed against the petitioners at the time of presentation of the cheque. The alleged brokerage amount of Rs.11,62,914/- had already been adjusted towards discounts granted to the concerned buyers at the request of the respondent himself. G