Gurbaz Singh Alias Gurbaj Singh vs Dalwinder Singh And Anr
2023 Latest Caselaw 20914 P&H

Punjab-Haryana High Court

Gurbaz Singh Alias Gurbaj Singh vs Dalwinder Singh And Anr on 2 December, 2023

                                                          Neutral Citation No:=2023:PHHC:153606




CRM-M-60511-2023                       -1-           2023:PHHC:153606

109         IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH


                                                CRM-M-60511-2023
                                                Date of Decision: 02.12.2023

Gurbaz Singh alias Gurbaj Singh                                       ...Petitioner

                                               vs.

Dalwinder Singh and another                                        ...Respondents

Coram :       Hon'ble Mr. Justice N.S.Shekhawat

Present :     Mr. Rajinder Singh Bhattta, Advocate
              for the petitioner.

                   ***

N.S.Shekhawat J. (Oral)

1. The petitioner has been convicted for the offence under Section

138 of Negotiable Instruments Act by the Sub-Divisional Judicial Magistrate,

Jalalabad vide judgment dated 25.08.2023 and sentenced to undergo rigorous

imprisonment for 2 years. He has further been directed to pay compensation to

Rs. 20 Lakhs along with interest @ 9% per annum. He preferred an appeal

against the said judgment before the District and Sessions Judge, Fazilka who

vide order dated 25.09.2023 had suspended the sentence of imprisonment

imposed upon the petitioner, subject to his depositing 20% of the compensation

amount before the Ld, Trial Court/Duty Magistrate.

2. Learned counsel relies on the decision of this Court in "CRM-M-

29187-2019 titled as Vivek Sahni and another Vs. Kotak Mahindra Bank Ltd."

to contend that the order of sentence of suspension cannot be made conditional

on the deposit of 20% of the amount. The amount of compensation can be

recovered in the manner as prescribed in the Negotiable Instruments Act.

1 of 2

Neutral Citation No:=2023:PHHC:153606

CRM-M-60511-2023 -2- 2023:PHHC:153606

3. Accordingly, order dated 25.09.2023 is modified to the extent that

the suspension of sentence of the petitioner during the pendency of the appeal

shall not be revoked on his failure to deposit the 20% of the compensation

amount.

Disposed of.

                                                     (N.S.SHEKHAWAT)
02.12.2023                                                 JUDGE
hemlata

                   Whether speaking/reasoned :          Yes/No
                   Whether reportable            :      Yes/No

Neutral Citation No:=2023:PHHC:153606

2 of 2