Punjab-Haryana High Court

Silvia Sidhu vs Mandeep Kaur on 8 May, 2024

                                      Neutral Citation No:=2024:PHHC:063958




S. No.127                                  2024:PHHC:063958
       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH
                    ****
                              CRM-M-22981 of 2024 (O&M)
                               Date of Decision:08.05.2024
Silvia Sidhu                 .....Petitioner
       Vs.
Mandeep Kaur                 .....Respondent

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Ajay Kumar Sharma, Advocate
            for the petitioner.
                          ****

DEEPAK GUPTA, J. (Oral)

Petitioner was convicted under Section 138 of the Negotiable

Instruments Act, 1881, vide judgment of conviction and order of sentence dated

06.02.2024 in complaint titled as "Mandeep Kaur Vs. Silvia Sidhu" by the Court

of learned Judicial Magistrate 1st Class, Chandigarh. Against her conviction and

sentence, petitioner filed appeal. The Appellate Court vide order dated 22.03.2024

(Annexure P-2), 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 in 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

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the Appellate Court was required to consider as to whether the case of the

petitioner falls in the exception or not.

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 she is

aggrieved by the order.

May 08, 2024                                                ( DEEPAK GUPTA )
renu                                                             JUDGE
           Whether Speaking/reasoned            Yes/No
           Whether Reportable                   Yes/No




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