Punjab-Haryana High Court
Veer Sain Alias Singh Upadhyay vs Sunil on 25 April, 2024
Neutral Citation No:=2024:PHHC:056312
2024:PHHC:056312
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
133 CRM-M-20585-2024
Date of Decision : April 25, 2024
VEER SAIN ALIAS SINGH UPADHYAY
.....Petitioner
VERSUS
SUNIL
.....Respondent
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. S.S.Gill, Advocate
for the petitioner.
KULDEEP TIWARI, J. (Oral)
1. Through the instant petition, the petitioner seeks quashing of
the order dated 16.1.2024 (Annexure P-3), whereby, the learned
Additional Sessions Judge concerned has directed him to deposit 20% of
the compensation amount by 19.3.2024, before the learned trial Court
concerned.
2. The petitioner has been convicted by the learned trial Court
concerned vide order dated 19.12.2023 and vide order of even date, he
was sentenced to undergo imprisonment for a period of one year and to
pay Rs.25,00,000/- as compensation under Section 357(3) Cr.P.C.
3. The verdict of conviction and order of sentence (supra)
caused grievance 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-3), directed him to deposit 20% of the compensation amount by
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Neutral Citation No:=2024:PHHC:056312
2024:PHHC:056312
19.3.2024 therefrom, before the learned trial Court concerned. Feeling
aggrieved by the impugned order (Annexure P-3), 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-3), submits that the case of the petitioner
falls within the "exceptional category", inasmuch as, he does not have
any means to make payment of even 20% of the compensation amount, as
awarded to him by the learned trial Court 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 2023 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 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
relegate the petitioner to the learned appellate court concerned, by
making an appropriate motion. In case, the petitioner falls within the
"exceptional category", as per the law laid down by the Hon'ble Supreme
Court in this regard, thereupon the learned appellate court concerned
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shall make a decision on the application, if any preferred by the
petitioner, as per law.
8. Disposed of accordingly.
(KULDEEP TIWARI)
April 25, 2024 JUDGE
ajay-1
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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