Gurmail Singh vs Gurdev Singh Chera
2024 Latest Caselaw 6215 P&H

Punjab-Haryana High Court

Gurmail Singh vs Gurdev Singh Chera on 19 March, 2024

Author: Kirti Singh

Bench: Kirti Singh

KAPIL
2024.03.19 16:13

CRM-M-14222-2024 -1-

2024:PHHC:039205
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
120
CRM-M-14222-2024
Date of decision: 19.03.2024
Gurmail Singh
...Petitioner
Versus
Gurdev Singh Chera
...Respondent

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:- | Mr. Chandan Singh Rana, Advocate for the petitioner.

3 2 3k 3k

KIRTI SINGH, J.(Oral)

The present petition under Section 482 Cr.P.C. has been filed for setting aside of the order dated 11.01.2024 (Annexure P-3) passed by the Court of learned Additional Sessions Judge, SBS Nagar in CRA-6- 2024 titled as Gurmail Singh vs. Gurdev Singh Chera vide which the petitioner was directed to deposit 20% of the total amount of compensation awarded by the JMIC, SBS Nagar in complaint bearing NACT 203 dated 09.07.2020 (Annexure P-1)with a stipulation that in case the appellant fails to pay the 20% compensation amount within the stipulated period the order of suspension stands vacated.

2. Learned counsel for the petitioner has placed reliance upon the judgment passed by this Court in CRM-M-64699-2023 titled as Prem

Kumar Goel vs. Raman Kumar decided on 18.01.2024, CRM-M-3878-

2024 titled as Abdul Rashid vs. Kuldeep Singh decided on 24.01.2024,

whereby placing reliance upon the judgment of the Hon'ble Supreme

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CRM-M-14222-2024 - 2-

Court in Crl. Appeal No.2741 of 2023, SLP (Crl.) No.(s)4927 of 2023 titled Jamboo Bhandari vs. M.P. State industrial Development Corporation Ltd. And others, the matter was remanded back to the Appellate Court with the direction to decide the matter fresh in accordance with law.

3. Accordingly, the order dated 11.01.2024 (Annexure P-3) is set aside. The learned Appellate Court is directed to re-examine the case after granting an opportunity to the petitioner to make submissions regarding the exceptional circumstances and decide whether it is an appropriate case that warrants waiver of the requirement of deposit of 20% of the compensation awarded by the learned Trial Court.

4. The matter is remanded back to the learned learned Appellate Court

with a direction to decide the matter afresh in accordance with law in the

light of judgment passed by the Hon'ble Supreme Court in Jamboo

Bhandari's case(supra).

(KIRTI SINGH) JUDGE 19.03.2024 Kapil Whether speaking/reasoned Yes/No Whether reportable Yes/No

KAPIL

2024.03.19 16:13

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