Punjab-Haryana High Court
Jasbir Singh vs Nishant Sharma on 2 April, 2024
Neutral Citation No:=2024:PHHC:043914
121 2024:PHHC:043914
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-15940-2024
Date of Decision : 02.04.2024
JASBIR SINGH .....Petitioner
VERSUS
NISHANT SHARMA .....Respondent
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Bhavesh Aggarwal, Advocate,
for the petitioner.
KULDEEP TIWARI, J.(Oral)
1. Through the instant petition, the petitioner seeks
quashing/modification of the impugned order dated 21.12.2023, whereby,
the learned Additional Sessions Judge concerned, while suspending his
sentence, has directed him to deposit 20% of the compensation amount,
within 30 days therefrom, before the learned trial Court concerned,
failing which his suspension of sentence shall automatically stand
cancelled.
2. The petitioner has been convicted by the learned trial Court
concerned, vide order dated 19.10.2023, and vide order of even date, he
was sentenced to undergo rigorous imprisonment for a period of one year.
Further the petitioner, was also imposed a fine equivalent to the cheque
amount, which shall be payable as compensation to the complainant
under Section 357 Cr.P.C.
3. The verdict of conviction and order of sentence (supra), has
caused grievance to the petitioner and has triggered him to institute a
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Neutral Citation No:=2024:PHHC:043914
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, within
30 days therefrom, 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
relegate the petitioner to the learned appellate court concerned,
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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 02, 2024 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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