Gurpiar Singh vs Surinder Sonu
2024 Latest Caselaw 7307 P&H

Punjab-Haryana High Court

Gurpiar Singh vs Surinder Sonu on 5 April, 2024

                                     Neutral Citation No:=2024:PHHC:046678




                                                               2024:PHHC:046678

            IN THE HIGH COURT OF PUNJAB & HARYANA
                        AT CHANDIGARH
                             ****

126
                                                    CRM-M-16798-2024
                                                    Date of Decision.:05.04.2024

Gurpiar Singh                                              Petitioner
                                             Vs.
Surinder Sonu                                              Respondent

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:    Mr. C.S. Jattana, Advocate
            for the petitioner.

            ****

DEEPAK GUPTA, J. (ORAL)

Petitioner was convicted under Section 138 of the Negotiable

Instruments Act, 1881, vide judgment of conviction and order of sentence dated

19.02.2024 in complaint titled as "Surinder Sonu v. Gurpiar Singh" by the

Court of learned Judicial Magistrate 1st Class, Jalandhar. Against his conviction

and sentence, petitioner filed appeal. The Appellate Court while admitting the

appeal on 16.03.2024 (Annexure P-3), directed the petitioner to deposit 20% of

the compensation amount as awarded by the Trial Court within 60 days. It is the

aforesaid order, which has been challenged by this petition.

2. Learned counsel for the petitioner contends that the petitioner was

not provided any opportunity of hearing before passing the order. Petitioner is not

in a position to pay any amount and there was exceptional circumstance due to

which petitioner was not required to deposit 20% of the compensation amount.

3. Learned counsel for the petitioner has referred to "Jamboo

Bhandari v. M.P. State Industrial Development Corporation Ltd. and others",

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Neutral Citation No:=2024:PHHC:046678

2024:PHHC:046678

Crl. Appeal No.2741 of 2023, SLP (Crl.) No.(s) 4927 of 2023. Learned counsel

contends that the Appellate Court was required to consider as to whether the case

of the petitioner falls in the exception or not.

4. Without issuing any notice to the respondent, lest it may delay the

proceedings, the present petition is accepted. The impugned order is set aside.

The Appellate Court is directed to pass a fresh order in the light of the law

explained by the Hon'ble Supreme Court in Jamboo Bhandari's case (supra).

5. Since this order has been passed in the absence of the respondent,

therefore, the respondent will be at liberty to approach this Court, in case he is

aggrieved by the order.

                                                        ( DEEPAK GUPTA )
                                                             JUDGE
April 05, 2024
Neetika Tuteja

                 Whether Speaking/reasoned       Yes/No
                 Whether Reportable              Yes/No




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