Punjab-Haryana High Court
Suresh Kumar vs Anup Singh on 9 February, 2021
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
208 CRR-1341-2019 (O&M)
Date of decision: 09.02.2021
Suresh Kumar
..... Petitioner
Versus
Anup Singh
... Respondent
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Kuldeep Sheoran, Advocate for the petitioner.
Mr. Nitin Meel, Advocate for the respondent.
SUVIR SEHGAL, J. (ORAL)
The Court has been convened through video conferencing due
to Covid-19 pandemic.
On 30.05.2019, this Court had passed the following order:-
"The petitioner has challenged the
judgments and orders of the Courts below
whereby he has been convicted under Section 138
of the Negotiable Instruments Act, 1881 and has
been sentenced to undergo simple imprisonment
for a period of two years and pay compensation
i.e. double of the cheque amount i.e. `16,10,000/-.
The allegations in the complaint against
the petitioner are that he had issued a cheque for
a sum of `8,05,000/- on 07.12.2016 in favour of
the respondent (complainant) which, on
presentation, was dishonoured due to insufficient
funds.
Learned counsel for the petitioner
contends that the amount of compensation, which
has been awarded, is highly excessive and the
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CRR-1341-2019 (O&M) -2-
petitioner is willing to return the amount of the
cheque along with reasonable interest thereon in
easy instalments. He undertakes that the
petitioner shall bring a demand draft of
`4,00,000/- in favour of the respondent on the
next date of hearing.
Issue notice to the respondent
returnable on 11.07.2019.
The petitioner shall bring a demand
draft of `4,00,000/- in favour of the respondent on
the next date of hearing.
The sentence of the petitioner shall
remain suspended till the next date of hearing,
subject to his furnishing requisite bonds to the
satisfaction of the CJM/Duty Magistrate
concerned."
Subsequently, on 23.10.2019, this Court granted more time to
the petitioner to pay the amount of Rs.4 Lacs. Order passed by this Court
on 23.10.2019 deserves to be noticed and is reproduced as under:-
"This application has been preferred by
the applicant/respondent for preponement of the
date of hearing in the case, which is fixed for
28.11.2019.
Learned counsel for the
applicant/respondent contends that the non-
applicant/petitioner had not made the payment of
`4,00,000/- to the applicant/respondent in terms of
order dated 30.05.2019 and has been enjoying the
interim protection ever since.
Issue notice to the non-
applicant/petitioner returnable on 01.11.2019.
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CRR-1341-2019 (O&M) -3-
However, it is made clear that in case the
non-applicant/ petitioner does not make the
payment of `4,00,000/- to the applicant/ respondent
by the next date of hearing, the interim protection
shall be withdrawn."
Counsel for the respondent has submitted that till date the
compensation amount of Rs. 4 Lacs has not been paid despite the lapse of
more than 1 ½ year.
Counsel for the petitioner submits that he has no instructions in
this regard as the petitioner has not contacted him.
Notice was issued to the respondent as the petitioner had
argued that the compensation awarded is highly excessive and the
petitioner had undertaken to bring a demand draft of Rs.4 Lacs in favour
of the respondent. Despite repeated opportunities, the petitioner has
failed to do so.
There is no equity in favour of the petitioner.
Petition is accordingly, dismissed.
(SUVIR SEHGAL)
09.02.2021 JUDGE
pooja saini
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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