Punjab-Haryana High Court
Neeraj Verma vs Sanjeev Garg on 12 March, 2024
Neutral Citation No:=2024:PHHC:035081
2024:PHHC:035081
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
124 CRM-M-12641-2024
Date of Decision : March 12, 2024
NEERAJ VERMA
.....Petitioner
VERSUS
SANJEEV GARG
.....Respondent
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. L.K.Narang, Advocate
for the petitioner.
Mr. Alan kar Narula, Advocate
for the respondent.
KULDEEP TIWARI, J. (Oral)
1. Through the instant petition, the petitioner seeks quashing of
the order dated 18.12.2023 (Annexure P-1), whereby, the learned
Additional Sessions Judge concerned has directed him to deposit 20% of
the compensation amount, within two months therefrom, before the
learned trial Court concerned.
2. The petitioner has been convicted by the learned trial Court
concerned, vide order of verdict of conviction dated 16.11.2023 and order
of sentence of even date, he was sentenced to undergo imprisonment for a
period of one year and six months and to pay ₹11,00,000/- as
compensation under Section 357(3) Cr.P.C.
3. The verdict of conviction and order of sentence (supra) has
caused grievance to the petitioner and has triggered him to institute a
statutory appeal before the learned appellate court concerned, which is
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pending consideration. However, the learned appellate court concerned
has, through the impugned order (Annexure P-1), has directed the
petitioner to deposit 20% of the compensation amount, within two
months therefrom, before the learned trial Court concerned, being
aggrieved by the impugned order (Annexure P-1), 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-1), submits that the case of the petitioner
falls within the "exceptional category", inasmuch as, he does not have
any means to make the payment of 20% of compensation amount as
imposed upon the petitioner.
5. To strengthen 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 2019 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 the answer in negative.
7. In such circumstances, this Court, at this stage, refrains from
making any interference in the instant matter, and, deems it fit and
appropriate to relegate the petitioner to the learned appellate court
concerned, by making an appropriate motion. In case, the petitioner falls
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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)
March 12, 2024 JUDGE
ajay-1
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
Neutral Citation No:=2024:PHHC:035081
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