Punjab-Haryana High Court
Jasmer Singh @ Jasmer Singh Rana vs State Of Punjab And Another on 19 April, 2024
Neutral Citation No:=2024:PHHC:052763
2024:PHHC:052763
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
122 CRM-M-18836-2024
Date of Decision : April 19, 2024
JASMER SINGH @ JASMER SINGH RANA -PETITIONER
V/S
STATE OF PUNJAB AND ANOTHER -RESPONDENTS
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. D.K. Sharma, Advocate
for the petitioner.
***
KULDEEP TIWARI, J. (ORAL)
1. Through the instant petition, the petitioner seeks quashing of
the order dated 27.02.2024 (Annexure P-2), whereby, the learned
Additional Sessions Judge concerned, though has ordered his release on
bail and suspended his sentence, however, the said concession was
extended subject to his depositing 20% of the compensation amount,
within 60 days therefrom, before the learned trial Court concerned.
2. As a matter of fact, the learned trial Court concerned has,
through drawing the verdict of conviction on 29.01.2024, upon case
bearing NACT No. 366 of 18.09.2017, convicted the petitioner for
commission of offence punishable under Section 138 of the Negotiable
Instruments Act (hereinafter referred to as the 'N.I. Act'). Moreover,
through order of sentence dated 29.01.2024, the petitioner has been
directed to undergo simple imprisonment for six months, and, to pay the
complainant compensation of Rs.9,00,000/- along with interest @ 9% per
annum since the date of issuance of cheque till its actual realization.
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3. The verdict of conviction and order of sentence (supra)
caused pain to the petitioner and 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 (Annexure P-2), though ordered his
release on bail and suspended his sentence, however, the said concession
was extended subject to his depositing 20% of the compensation amount,
within 60 days therefrom, before the learned trial Court concerned.
Feeling aggrieved by the impugned order (Annexure P-2), the petitioner
has now approached this Court, through the instant petition.
4. The learned counsel for the petitioner, in his assailing the
impugned order (Annexure P-2), 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 awarded compensation amount.
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, made an application before the
learned appellate court concerned till date, thereby bringing the
aforesaid facts on record", the learned counsel for the petitioner returned
an answer in negative.
7. In such circumstances, this Court, at this stage, refrains from
making any interference in the matter, and, deems it appropriate to
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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 19, 2024 JUDGE
devinder
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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