Shri Dutt vs Anand Jain
2024 Latest Caselaw 19328 P&H

Punjab-Haryana High Court

Shri Dutt vs Anand Jain on 4 November, 2024

                                          Neutral Citation No:=2024:PHHC:143039




CRM-M-54336-2024                                                    1

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

112                                CRM-M-54336-2024
                                   Date of Decision : November 04, 2024

SHRI DUTT                                                     -PETITIONER

                                          V/S

ANAND JAIN                                                    -RESPONDENT

CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:     Mr. Rajesh Bansal, Advocate
             for the petitioner.

                                   ***

KULDEEP TIWARI, J. (ORAL)

1. Through the instant petition, the petitioner assails the order

dated 04.10.2024 (Annexure P-1), whereby, although the learned Additional

Sessions Judge concerned has ordered his release on bail and suspended his

sentence, however, the said concession has been extended subject to him

depositing 20% of the compensation amount in the Court concerned, within

a month therefrom.

2. As a matter of fact, the learned trial Court concerned has,

through drawing the verdict of conviction dated 06.09.2024 and the

consequent thereto order of sentence dated 07.09.2024, upon case bearing

No. NACT/91/2019, convicted the petitioner for commission of offence

punishable under Section 138 of the Negotiable Instruments Act, 1881

(hereinafter referred to as the 'N.I. Act'), and, sentenced him to undergo

simple imprisonment for two years and to pay double of the cheque amount

i.e. ₹ 4,60,000/-.

3. The verdict of conviction and order of sentence (supra) caused

1 of 3

Neutral Citation No:=2024:PHHC:143039

pain to the petitioner and triggered him to institute thereagainst a statutory

appeal before the learned appellate court concerned, which is pending

consideration. However, the learned appellate court concerned has, through

the impugned order dated 04.10.2024 (Annexure P-1), although ordered

release of the petitioner on bail and suspended his sentence on furnishing

bail bonds in the sum of Rs.50,000/- with one surety in the like amount,

however, the said concession has been extended subject to him depositing

20% of the compensation amount in the Court concerned, within a month

therefrom. Feeling aggrieved by this impugned order, the petitioner has now

approached this Court, through the instant petition.

4. The learned counsel for the petitioner, in his assailing the

impugned order dated 04.10.2024 (Annexure P-1), submits that the case of

the petitioner falls in "exceptional category", inasmuch as, he does not have

any means to make payment of even 20% of the awarded compensation

amount.

5. To buttress 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, made an application before the

learned appellate court concerned till date, thereby bringing the aforesaid

facts on record", the learned counsel for the petitioner returned an answer

in negative.

7. In such circumstances, this Court, at this stage, refrains from

2 of 3

Neutral Citation No:=2024:PHHC:143039

making any interference in the matter and deems it appropriate to relegate

the petitioner to the learned appellate court concerned, by making an

appropriate motion. In case, the petitioner falls 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)
November 04, 2024                                        JUDGE
devinder
                Whether speaking/reasoned :                 Yes/No
                Whether Reportable        :                 Yes/No




                                      3 of 3