Punjab-Haryana High Court
Rajinder Sharma vs Sarla Devi on 4 September, 2024
Neutral Citation No:=2024:PHHC:115780
CRM M-12677 of 2022 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
261 CRM M-12677 of 2022 (O&M)
Date of Decision: 04.09.2024
Rajinder Sharma ...Petitioner
Versus
Sarla Devi ... Respondents
CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT
Present : Mr. Shobhit Sharma, Advocate, for
Mr. Kshitij Sharma, Advocate, for the petitioner.
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 24.08.2021 (Annexure P-1) passed by the court
of Additional Sessions Judge, Rohtak, 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 05.12.2019. He was also sentenced to undergo rigorous
imprisonment for a period of two years and to pay a fine of
Rs.35,63,000/- as compensation besides Rs. 2,000/- as fine which
shall be deposited with the Court. Challenging the validity of the
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Neutral Citation No:=2024:PHHC:115780
CRM M-12677 of 2022 (O&M) -2-
judgment passed by the trial Court, the petitioner had filed a
CRA-8-2020 titled as "Rajender Versus Sarla" before the Court of
Sessions Judge, Rohtak. The said appeal was heard by the Court of
Additional Sessions Judge, Rohtak on 08.01.2020 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.20,000/- with one
surety of the like amount to the satisfaction of the appellate Court,
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. Since the 20%
of the compensation amount was not paid, vide the order dated
24.08.2021, the bail granted to the petitioner/appellant was cancelled.
3. I have heard learned counsel for the parties at length.
4. Learned counsel for the parties have agreed that the
condition of imposing the deposit 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 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.
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6. In view of the submissions made by the learned counsel
for the parties, the petitioner/appellant is directed to surrender before
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. 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 03 months from the next date of hearing
fixed before this Court.
7. With the aforesaid directions, the present petition stands
disposed off.
04.09.2024 (N.S.SHEKHAWAT)
amit rana JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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