Punjab-Haryana High Court
Gurcharan Singh vs State Of Punjab And Another on 16 April, 2024
125 2024:PHHC:050747
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-18247-2024
Date of Decision: April 16, 2024
GURCHARAN SINGH ........Petitioner
Versus
STATE OF PUNJAB AND ANOTHER ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Mr. Raman Kumar, Advocate for the petitioner.
Mr. Siddharth Sandhu, AAG, Punjab.
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HARKESH MANUJA, J. (ORAL)
By way of present petition filed under Section 482 CrPC, prayer
has been made for setting aside the order dated 02.03.2024 passed by the
Court of learned Addl. Sessions Judge, Ludhiana in CRA/232/2024 titled as
'Gurcharan Singh Vs. Baljit Singh' whereby sentence of the petitioner has
been suspended subject to condition of deposit of 20% of amount of
compensation awarded by the trial Court while convicting the petitioner.
2. Having faced the trial in the complaint bearing
No.COMA/3525/2018 titled as 'Baljit Singh Vs. Gurcharan Singh', the
petitioner was convicted/sentenced vide order dated 19.02.2024. The
operative part of judgment is reproduced hereunder:-
"Accordingly, by invoking the provisions of Section 357
Cr.P.C, I hereby award compensation of Rs.3,00,000/- to the complainant to
be paid by the convict. In default of this convict shall undergo an
additional imprisonment of six months. The compensation shall be
recoverable after the lapse of period of appeal unless the operation of
compensation amount order is stayed in appeal by the Hon'ble Appellate
Court, if any appeal is filed."
3. Aggrieved thereof, the petitioner filed a criminal appeal bearing
No.CRA/232/2024 along with an application seeking suspension of sentence
wherein the Appellate Court vide order dated 02.03.2024 directed the
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CRM-M-18247-2024
petitioner to deposit 20% of compensation amount within one month in terms
of Section 148(1) of Negotiable Instruments Act, 1881 and the suspension of
sentence was made subject to the aforementioned deposit.
4. Learned counsel for the petitioner while relying upon a decision
rendered by the Hon'ble Apex Court in the case of "Jamboo Bhandari Vs.
MP State Industrial Development Corporation Ltd. and Others; 2023
INSC 822" submits that the petitioner is suffering from multiple age related
ailments and thus, is not in a position to deposit the amount as ordered by
the First Appellate Court.
5. I have heard learned counsel for the parties and gone through
the paper-book. I find substance in the submissions made by learned counsel
for the appellant.
6. Apparently, no jurisdictional error can be found in the order
passed by the First Appellate Court, however, considering the fact that the
petitioner is suffering from age related ailments, order dated 02.03.2024
passed by the First Appellate Court is modified to an extent that petitioner
shall deposit 10% of the compensation amount within a period of 15 days
from today and as regards the remaining 10%, he would move an appropriate
application before the First Appellate Court explaining the extra-ordinary
circumstances being unable to deposit the same which shall be considered
and decided upon hearing both the sides.
7. Keeping in view the aforesaid facts and circumstances as well as
the exposition of law laid down in the case of Jamboo Bhandari (Supra), the
present petition stands disposed of.
16.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
