Basant Singh vs M/S Satpal Bansal
2024 Latest Caselaw 17660 P&H

Punjab-Haryana High Court

Basant Singh vs M/S Satpal Bansal on 23 September, 2024

Author: Sandeep Moudgil

Bench: Sandeep Moudgil

                                       Neutral Citation No:=2024:PHHC:125584




133   IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

                                               CRM-M-47234-2024
                                               Date of Decision: 23.09.2024

BASANT SINGH                                           ...Petitioner
                                Vs.

M/S SATPAL BANSAL                                      ...Respondent

CORAM:- HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:     Mr. Kanwaljeet Singh, Advocate
             for the petitioner.

SANDEEP MOUDGIL, J. (Oral)

The jurisdiction of this Court has been invoked under Section

482 Cr.P.C. Seeking quashing of impugned order dated 31.07.2024

(Annexure P-4) passed by the court of Ld. Addl. Sessions Judge, Ludhiana

in CRA No. 651 of 2024 dated 30.07.2024 (Registered on 31.07.2024)

titled as "Basant Singh versus M/S Satpal Bansal" (Annexure P-2).

whereby after admitting the appeal and while allowing the application

under section 389 Cr.P.C (Annexure P-3) filed by the petitioner for

suspension of sentence awarded by the Ld. JMIC, Jagraon vide Judgment

dated 20.07.2024 (Annexure P- 1), he is directed to deposit the 20% of the

amount of the compensation imposed by the learned trial court under

Section 357(3) Cr.P.C within 60 days, in cash or by way of demand draft,

in the learned Trial Court.

After arguing for some time, learned counsel for the petitioner

prays for withdrawal of the present petition with liberty to move an

appropriate application before the lower Appellate Court, with the

reasons/grounds on which he is asking for the waiver of 20% of the

compensation amount as stipulated under Section 148 of the Negotiable

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Neutral Citation No:=2024:PHHC:125584

Instruments Act, who shall adjudicate afresh by passing in the light of

Jamboo Bhandari versus M.P. State Industrial Development

Corporation Ltd. & Ors.", decided on 04.09.2023.

Prayer is accepted.

Dismissed as withdrawn with liberty aforesaid.

However, it is made clear that in case the Lower Appellate

Court dismissed the application for waiver of the condition, the petitioner

would be at liberty to approach this Court again on that cause of action.

                                                       (SANDEEP MOUDGIL)
                                                             JUDGE
23.09.2024
kv
Whether speaking/reasoned :    Yes/No
Whether reportable        :    Yes/No




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