Himanshu Girdhar vs Pankaj
2024 Latest Caselaw 10932 P&H

Punjab-Haryana High Court

Himanshu Girdhar vs Pankaj on 5 July, 2024

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

                                      Neutral Citation No:=2024:PHHC:084612




124         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                                CRM-M-31519--2024
                                Date of Decision : 05.07.2024


Himanshu Girdhar                                     ...Petitioner

                         Versus

Pankaj                                               ....Respondent


CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:    Mr. Rajbir Singh, Advocate for the petitioner.


            ***

MANJARI NEHRU KAUL,
              KAUL J. (ORAL)

1. Prayer in the present petition is for setting aside order dated

28.03.2024 Annexure P-1 P 1 whereby in appeal preferred by the petitioner against

the judgment of conviction and quantum of sentence, convicting and sentencing

the petitioner has been admitted and and order of sentence has been suspended

subject to condition of depositing 20% of the amount of compensation

alongwith furnishing bail bonds to the tune of Rs.1,00,000/ Rs.1,00,000/-.

2. Learned counsel appearing on behalf of the petitioner, while

inviting attention of this Court to the impugned order which has been annexed

as Annexure P-1, P 1, has vehemently submitted that it suffers from material

irregularity and on the face of it, it it is a non-speaking speaking order inasmuch as the

petitioner oner was directed to deposit 20% of the amount of compensati compensation n without

assigning any cogent reason; moreover, more the provisions of Section 148 of the Act

were directory in nature and not mandatory. It has been submitted that no

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Neutral Citation No:=2024:PHHC:084612

opportunity was afforded to the the petitioner to make out a case for an exception.

In support, learned counsel has placed reliance upon Jamboo Bhandari vs.

Madhya Pradesh State Industrial Development Corporation Limited &

Ors. (2023) 10 SCC S 446.

3. After arguing for some time, learned counsel submits that he

would be satisfied if directions can be issued to the Appellate Court to pass

reasoned order after affording an opportunity of hearing to the petitioner with

respect to the imposition of 20% under under Section 148 of Negotiable Instruments

Act.

4. In view of the statement of learned counsel for the petitioner, the

present petition is disposed of and the matter is remanded back to the Appellate

Court concerned to decide the application afresh under Section 389 of the

Cr.P.C., in accordance with the provisions of law, by passing a speaking order,

and without being influenced by anything anything observed hereinabove. The learned

Appellate Court concerned shall make earnest efforts to decide the application

under Section 389 Cr.P.C. at the earliest, preferably within a period of two

weeks from the date of receipt of certified copy of this ord order.

                                                (MANJARI
                                                 MANJARI NEHRU KAUL
                                                               KAUL)
July 05, 2024                                            JUDGE
ps
                   Whether speaking/ reasoned         :      Yes/No
                   Whether reportable                 :      Yes/No




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