Punjab-Haryana High Court
Harvinder Singh vs M/S Rikhi Ram Ram Narian And Another on 1 April, 2024
Neutral Citation No:=2024:PHHC:043169
129 2024:PHHC:043169
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-15534-2024
Date of Decision : 01.04.2024
HARVINDER SINGH .....Petitioner
VERSUS
M/S RIKHI RAM RAM NARIAN AND ANOTHER
.....Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Ms.Kuljeet Kaur, Advocate for
Mr. I.P.S.Ishar, Advocate,
for the petitioner.
Mr. Bhupender Singh, DAG, Haryana.
KULDEEP TIWARI, J.(Oral)
1. Through the instant petition, the petitioner seeks setting
aside of the impugned order dated 08.02.2024 (Annexure P-2), whereby,
the learned Sessions Judge concerned, while suspending his sentence, as
a pre-condition, has directed him to deposit 20% of the compensation
amount, on or before dated 05.04.2024, before the learned trial Court
concerned.
2. The petitioner has been convicted by the learned trial Court
concerned, vide order dated 17.08.2024, and vide order of even date, he
was sentenced to undergo simple imprisonment for a period of two years.
Further the petitioner, was also imposed a fine to the tune of
Rs.10,00,000/-, which shall be payable as compensation to the
complainant.
3. The verdict of conviction and order of sentence (supra), has
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Neutral Citation No:=2024:PHHC:043169
caused grievance to the petitioner and has triggered him to institute a
statutory appeal thereagainst, before the learned appellate court
concerned, which is pending consideration. However, the learned
appellate court concerned has, through the impugned order (supra),
directed him to deposit 20% of the fine or compensation amount, on or
before 05.04.2024, before the learned trial Court concerned. Feeling
aggrieved by the impugned order (supra), the petitioner has now
approached this Court, through the instant petition.
4. The learned counsel for the petitioner, in his assailing the
impugned order (supra), submits that the case of the petitioner falls in
"exceptional category", inasmuch as, he does not have any means to
make payment of even 20% of the compensation amount as imposed
upon him by the Courts concerned.
5. To buttress 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 matter, and, deems it fit and appropriate to
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Neutral Citation No:=2024:PHHC:043169
relegate the petitioner to the learned appellate court concerned,
by making an appropriate motion. In case, the petitioner falls 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)
April 01, 2024 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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