Divya Thakur vs Didar Singh
2024 Latest Caselaw 1624 P&H

Punjab-Haryana High Court

Divya Thakur vs Didar Singh on 24 January, 2024

                                                                Neutral Citation No:=2024:PHHC:009413




127 IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

                                 Neutral Citation No. 2024:PHHC:009413
                                    CRM-M-3433-2024
                                    Date of Decision: January 24, 2024

Divya Thakur                                       ...Petitioner

                       Versus

Didar Singh                                        ...Respondent
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:-        Mr. J.S. Lalli, Advocate for the petitioner.

DEEPAK GUPTA, J.(Oral)

Petitioner was convicted vide judgment dated 09.10.2023

(Annexrue P-1), under Section 138 of the Negotiable Instruments Act,

1881, in complaint titled as "Dildar Singh v. Divya Thakur" (CNR

No.PBJL03-020572-2019), petitioner filed appeal. The Appellate Court

while admitting the appeal on 23.10.2023, 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", 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.

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Neutral Citation No:=2024:PHHC:009413

Neutral Citation No. 2024:PHHC:009413 CRM-M-3433-2024

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.

January 24, 2024                                 (DEEPAK GUPTA)
sarita                                               JUDGE
                   Whether reasoned/speaking: Yes/No
                   Whether reportable:        Yes/No

Neutral Citation No:=2024:PHHC:009413

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