Punjab-Haryana High Court
Jaspal Singh vs State Of Punjab And Another on 19 November, 2024
Neutral Citation No:=2024:PHHC:151268
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
264 CRM-M-187-2024
Date of Decision: 19.11.2024
JASPAL SINGH ...Petitioner
Vs.
STATE OF PUNJAB AND ...Respondents
ANOTHER
CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT
Present : Ms. Malvi Aggarwal, Advocate
for the petitioner.
Mr. M. S. Bajwa, DAG, Punjab.
Mr. Gurjit Singh, Advocate with
Mr. Aditya Sanghi, Advocate
for respondent No.2.
N.S.SHEKHAWAT, J. (Oral)
1. The petitioner has filed the present petition under Section
482 of the Code of Criminal Procedure with a prayer to quash the
impugned order dated 02.11.2023 (Annexure P-3) passed by the Court
of Additional Sessions Judge, Sangrur in CRA-402-2023 titled as
Jaspal Singh Vs. Gurjit Singh, whereby the petitioner had been
directed to deposit the 20% of the total amount of compensation.
2. Learned counsel for the petitioner contends that the
petitioner was tried for the offence punishable under Section 138 of
the Negotiable Instruments Act 1881 and was ordered to be convicted
on 26.10.2023 by the Judicial Magistrate First Class, Dhuri. He was
also sentenced to undergo simple imprisonment for a period of 02
years and to pay a fine of Rs.2,85,000/- as compensation. Challenging
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Neutral Citation No:=2024:PHHC:151268
the validity of the judgment passed by the trial Court, the petitioner
had filed a CRA-402-2023 titled as Jaspal Singh Vs. Gurjit Singh
before the Court of Additional Sessions Judge, Sangrur. The said
appeal was heard by the Court of Additional Sessions Judge, Sangrur
on 02.11.2023 and the Appellate Court had suspended the sentence
imposed on the petitioner/appellant till the disposal of the appeal. He
was ordered to be released on bail subject to furnishing of bail bonds
in the sum of Rs.50,000/- with one surety of the like amount to the
satisfaction of the trial Court/Duty Magistrate within a period of 15
days, subject to the condition that he will deposit 20% of the
compensation amount awarded by the trial Court within a period of
60 days in view of Section 148 of the Negotiable Instruments Act
1881.
3. I have heard learned counsel for the parties at length.
4. Learned counsel for the parties have agreed that the
condition of depositing of 20% amount of compensation may be set
aside and the petitioner/appellant may be directed to surrender before
the Appellate Court within a period of 10 days from today.
5. Still further they have prayed that since the appeal is
pending since long, appropriate directions may be issued to the
Appellate Court to decide the matter within a certain stipulated time
period.
6. In view of the submissions made by the learned counsel
for the parties, the petitioner/appellant is directed to surrender before
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the Appellate Court within a period of 10 days and on his appearance,
he shall be admitted to bail and his sentence shall be suspended
subject to furnishing bail bonds and surety bonds to the satisfaction of
the Appellate Court, if not already on bail. He shall be exempted from
depositing 20% amount of compensation during the pendency of the
appeal before the Appellate Court. Further, the Appellate Court is
directed to decide the appeal within a period of 06 months from the
next date of hearing fixed before the concerned Court.
7. With the aforesaid directions, the present petition stands
disposed off.
19.11.2024 ( N.S.SHEKHAWAT)
M.Sikka JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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