Punjab-Haryana High Court
Harvinder Singh vs M/S Rikhi Ram Ram Narian And Another on 1 April, 2024
Neutral Citation No:=2024:PHHC:043169
129 2024:PHHC:043169
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-15534-2024
Date of Decision : 01.04.2024
HARVINDER SINGH .....Petitioner
VERSUS
M/S RIKHI RAM RAM NARIAN AND ANOTHER
.....Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Ms.Kuljeet Kaur, Advocate for
Mr. I.P.S.Ishar, Advocate,
for the petitioner.
Mr. Bhupender Singh, DAG, Haryana.
KULDEEP TIWARI, J.(Oral)
1. Through the instant petition, the petitioner seeks setting aside of the impugned order dated 08.02.2024 (Annexure P-2), whereby, the learned Sessions Judge concerned, while suspending his sentence, as a pre-condition, has directed him to deposit 20% of the compensation amount, on or before dated 05.04.2024, before the learned trial Court concerned.
2. The petitioner has been convicted by the learned trial Court concerned, vide order dated 17.08.2024, and vide order of even date, he was sentenced to undergo simple imprisonment for a period of two years. Further the petitioner, was also imposed a fine to the tune of Rs.10,00,000/-, which shall be payable as compensation to the complainant.
3. The verdict of conviction and order of sentence (supra), has 1 of 3 ::: Downloaded on - 04-04-2024 22:46:35 ::: Neutral Citation No:=2024:PHHC:043169 CRM-M-15534-2024 -2- caused grievance to the petitioner and has triggered him to institute a statutory appeal thereagainst, before the learned appellate court concerned, which is pending consideration. However, the learned appellate court concerned has, through the impugned order (supra), directed him to deposit 20% of the fine or compensation amount, on or before 05.04.2024, before the learned trial Court concerned. Feeling aggrieved by the impugned order (supra), the petitioner has now approached this Court, through the instant petition.
4. The learned counsel for the petitioner, in his assailing the impugned order (supra), submits that the case of the petitioner falls in "exceptional category", inasmuch as, he does not have any means to make payment of even 20% of the compensation amount as imposed upon him by the Courts concerned.
5. To buttress his submission, the learned counsel for the petitioner has placed reliance upon the judgment rendered by the Hon'ble Supreme Court in "Jamboo Bhandari V/s M.P. State Industrial Development Corporation Ltd. & Ors.", 2023(3) Law Herald (SC) 2433.
6. On a specific query being posed by this Court, vis-a-vis, "whether the petitioner has, or, has not, since 2019 till date, made an application before the learned appellate court concerned, thereby bringing the aforesaid facts on record", the learned counsel for the petitioner returned the answer in negative.
7. In such circumstances, this Court, at this stage, refrains from making any interference in the matter, and, deems it fit and appropriate to 2 of 3 ::: Downloaded on - 04-04-2024 22:46:36 ::: Neutral Citation No:=2024:PHHC:043169 CRM-M-15534-2024 -3- relegate the petitioner to the learned appellate court concerned, by making an appropriate motion. In case, the petitioner falls within "exceptional category", as per the law laid down by the Hon'ble Supreme Court in this regard, thereupon, the learned appellate court concerned shall make a decision on the application, if any, preferred by the petitioner, as per law.
8. Disposed of accordingly.
(KULDEEP TIWARI)
April 01, 2024 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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