HC stays proceedings against medical student’s parent

Saurabh Malik

Tribune News Service

Chandigarh, September 12

The Punjab and Haryana High Court has stayed further proceedings in a bounced cheque case before the trial court against a parent, who directed the bank to stop payment after his daughter was shifted from the Chintpurni Medical College and Hospital.

The direction by Justice Gurvinder Singh Gill came after petitioner Kamal Preet Gupta through counsel Prabhjeet Singh Sullar submitted that there was no liability on the parent’s part to pay fee after his daughter was shifted to another college for 2017-18 session under the Punjab Government orders.

In his petition against the medical college and hospital, the petitioner had assailed the complaint dated January 5 as well as summoning order dated April 16, passed by the Pathankot Judicial Magistrate first class, whereby he was summoned to face trial for offence punishable under Section 138 of Negotiable Instruments Act. The proceedings were initiated after a cheque dated September 20, 2017, for Rs 50,000 was dishonoured.

Appearing before the Bench, Sullar submitted that the petitioner’s daughter was pursuing medical studies in the medical college and hospital in Pathankot district. She was admitted to the first session on September 30, 2016.

Sullar added that the college did not have the necessary infrastructure and did not provide adequate facilities for the purpose of medical studies. The fact was also brought to the High Court's notice, following which the Bench asserted that the state and respondents were mandated to follow the law and to make arrangements to shift the petitioners to other medical colleges as per the procedure laid down by the Medical Council of India.

Pursuant to the order dated September 8, 2017, the petitioner’s daughter was shifted to Punjab Institute of Medical Sciences, Jalandhar, (PIMS) Medical & Education Charitable Society, 2017-18 session onwards. The petitioner accordingly paid fee to the college.

Sullar added the post-dated cheque was issued as security in July 2017 before the students were shifted. “Once there was no liability to pay any fee to the Chintpurni Medical College, the petitioner issued directions to the bank for stopping payment in case any cheque was presented. Consequently, the cheque was dishonoured after the institute chose to present it, even though it was not expected to be presented after the students stood shifted to other colleges, Sullar added.