Manisha Jitendra Mhatre vs Brij Singal
2023 Latest Caselaw 21903 P&H

Punjab-Haryana High Court

Manisha Jitendra Mhatre vs Brij Singal on 14 December, 2023

Author: Pankaj Jain

Bench: Pankaj Jain

                                                     Neutral Citation No:=2023:PHHC:160775




130                                                   2023:PHHC:160775
         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH


                                                 CRM-M-60704-2023
                                                 Date of decision : 14.12.2023

MANISHA JITENDRA MHATRE                                               ....Petitioners

                                        Versus

BRIJ SINGAL                                                         ....Respondent

CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

Present :   Mr. Saransh Sabharwal, Advocate for the petitioner.

PANKAJ JAIN, J. (ORAL)

Challenge is to the order dated 11.08.2023 passed by ASJ,

Chandigarh whereby the petitioner has been directed to deposit 20% of the

compensation amount imposed by the Trial Court under Section 357(3) of

the Code within 60 days in the appeal preferred by the petitioner against his

conviction in the proceedings under Section 138 of the N.I. Act.

2. Counsel for the petitioner relies upon judgment passed by the

Apex Court in the case of "Jamboo Bhandari vs. M.P. State Industrial

Development Corporation Ltd. & others" 2023(4) RCR (Criminal) 296.

However, on query he admits that no application seeking exemption from

depositing of 20% was ever moved by the petitioner before the Appellate

Court.

3. Faced with the situation, counsel for the petitioner submits that

keeping in view the financial condition of the petitioner she be granted an

extended period to deposit the said amount of 20%.

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4. Finding this request to be fair and innocuous this Court finds

that there is no necessity to issue notice to the respondent.

5. Consequently, order dated 11.08.2023 passed by the Appellate

Court is modified to the extent that 60 days which were granted by the

Appellate Court is further extended up to 31st of January, 2024.

6. With the aforesaid modification, the present petition is

disposed off.

7. However, in case the respondent/complainant feels aggrieved

by the present order, liberty is granted to move an appropriate application

seeking revival of the present petition.

December 14, 2023                                    (Pankaj Jain)
Dpr                                                     Judge
             Whether speaking/reasoned        :      Yes/No
             Whether reportable               :      Yes/No

Neutral Citation No:=2023:PHHC:160775

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