Surinder Kaur vs State Of Ut, Chandigarh And Anr
2022 Latest Caselaw 14178 P&H

      In the High Court of Punjab and Haryana at Chandigarh

                                       CRR No.2259 of 2022 (O&M)
                                       Date of Decision: 11.11.2022
      Surinder Kaur

                                                            ---Petitioner
                                       versus

      State of U.T.Chandigarh
                                                            ---Respondent

      Coram:       HON'BLE MR. JUSTICE JAGMOHAN BANSAL


      Present:     Mr.R.K.Sanyal, Advocate,
                   for the petitioner
                   Mr. Yashwant Singh Rathore, Addl. PP, UT, Chandigarh

                          ****

JAGMOHAN BANSAL (ORAL)

Prayer in the instant petition is for setting aside judgment dated

5.9.2022 passed by Additional Sessions Judge, Chandigarh whereby

judgment and order of conviction dated 25.1.2019 passed by JMIC,

Chandigarh, sentencing the petitioner to undergo simple imprisonment for

10 months and to pay compensation under Section 357(3) Cr.P.C.

equivalent to cheque amount within a period of one month from expiry of

period of appeal has been upheld.

The petitioner has been sentenced to imprisonment for 10

months and further ordered to pay cheque amount vide judgment and order

dated 25.1.2019 and upheld vide judgment dated 5.9.2022 passed by ASJ,

Chandigarh. The amount of cheque involved is Rs. 6 lakhs.

Learned counsel for the petitioner submits that impugned order

has been passed by Appellate Court ex parte. Neither the petitioner nor her

counsel was present at the time of final disposal of the appeal even though

counsel for the appellant (petitioner herein) was present on all earlier

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occasions. The impugned order has been passed in gross violation of

principles of natural justice especially when the matter relates to life and

liberty of the petitioner.

Notice of motion.

Mr. Yashwant Singh Rathore, Addl. PP, UT Chandigarh,

accepts notice.

On being confronted with the above narrated facts, learned

counsel for UT Chandigarh has expressed his inability to controvert the fact

and submits that State has no objection if one opportunity is granted to the

petitioner.

In view of the above-stated facts and keeping in mind that the

impugned order has been passed in the absence of the petitioner and her

counsel which amounts to violation of principles of natural justice; the

matter directly relates to life and liberty of the applicant-petitioner, thus, it

would be travasity of justice and violation of principles of natural justice

especially in view of the fact that the applicant-petitioner has undertaken to

be present on the next date before the Appellate Court, the petition is

allowed. The impugned order passed by the Additional Sessions Judge,

Chandigarh dated 5.9.2022 is set aside. The petitioner is directed to be

present before the Appellate Court on 21.11.2022. It is made clear that no

adjournment shall be granted and Additional Sessions Judge, Chandigarh

shall hear and decide the appeal on the date fixed i.e. 21.11.2022.

( JAGMOHAN BANSAL ) JUDGE 11.11.2022 paramjit Whether speaking/reasoned : Yes Whether reportable : No

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