Punjab-Haryana High Court
Neeraj Verma vs Sanjeev Garg on 12 March, 2024
Neutral Citation No:=2024:PHHC:035081
2024:PHHC:035081
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
124 CRM-M-12641-2024
Date of Decision : March 12, 2024
NEERAJ VERMA
.....Petitioner
VERSUS
SANJEEV GARG
.....Respondent
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. L.K.Narang, Advocate
for the petitioner.
Mr. Alan kar Narula, Advocate
for the respondent.
KULDEEP TIWARI, J. (Oral)
1. Through the instant petition, the petitioner seeks quashing of the order dated 18.12.2023 (Annexure P-1), whereby, the learned Additional Sessions Judge concerned has directed him to deposit 20% of the compensation amount, within two months therefrom, before the learned trial Court concerned.
2. The petitioner has been convicted by the learned trial Court concerned, vide order of verdict of conviction dated 16.11.2023 and order of sentence of even date, he was sentenced to undergo imprisonment for a period of one year and six months and to pay ₹11,00,000/- as compensation under Section 357(3) Cr.P.C.
3. The verdict of conviction and order of sentence (supra) has caused grievance to the petitioner and has triggered him to institute a statutory appeal before the learned appellate court concerned, which is 1 of 3 ::: Downloaded on - 14-03-2024 05:19:51 ::: Neutral Citation No:=2024:PHHC:035081 CRM-M-12641-2024 -2- pending consideration. However, the learned appellate court concerned has, through the impugned order (Annexure P-1), has directed the petitioner to deposit 20% of the compensation amount, within two months therefrom, before the learned trial Court concerned, being aggrieved by the impugned order (Annexure P-1), the petitioner has now approached this Court, through the instant petition.
4. The learned counsel for the petitioner, in his assailing the impugned order (Annexure P-1), submits that the case of the petitioner falls within the "exceptional category", inasmuch as, he does not have any means to make the payment of 20% of compensation amount as imposed upon the petitioner.
5. To strengthen 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 instant matter, and, deems it fit and appropriate to relegate the petitioner to the learned appellate court concerned, by making an appropriate motion. In case, the petitioner falls 2 of 3 ::: Downloaded on - 14-03-2024 05:19:52 ::: Neutral Citation No:=2024:PHHC:035081 CRM-M-12641-2024 -3- 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)
March 12, 2024 JUDGE
ajay-1
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
Neutral Citation No:=2024:PHHC:035081
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