Satyam Aggarwal v. Ashwani Chadha




IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-5257-2024 Date of decision : 02.02.2024 SATYAM AGGARWAL ....Petitioner

Versus

ASHWANI CHADHA ....Respondent CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Shantanu Bansal, Advocate for the petitioner. PANKAJ JAIN, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. assailing the order dated 07.12.2023 whereby the application filed by the petitioner seeking preponement of revision petition bearing No.162 of 2023 titled as "Satyam Aggarwal vs. Ashwani Chadha" has been dismissed.

2.

Petitioner has been summoned to face trial under Section 138 of the Negotiable Instruments Act, 1881. An application was moved by the complainant under Section 143-A seeking interim compensation. Trial Court vide order dated 20th of October, 2023 ordered the petitioner to pay 10% of the total cheque amount as interim compensation to the complainant. The matter was adjourned to 8th of December, 2023 for making payment of interim compensation. The said order was assailed by the petitioner in revision. The Deepak Kumar 2024.02.02 18:20 I attest to the accuracy and integrity of this document

CRM-M-5257-2024 -22024:PHHC:014592 Revisional Court vide order dated 23rd of November, 2023 issued notice to the respondent/complainant for 22nd of March, 2024. 3.

Counsel for the petitioner submits that the matter before the Trial Court for making the payment is now pending for 23rd of February, 2024 and it was only on that ground the application seeking preponement was filed which stands declined by the Revisional Court. 4.

Keeping in view the peculiar facts and circumstances of the case, there is no need to issue notice to the respondent and it will be in the interest of both the parties that the revision pending before the Revisional Court is decided before the next date fixed before the Trial Court i.e. 23rd of February, 2024.

5.

Resultantly, order dated 7th of December, 2023 is set aside. 6.

The Revisional Court is directed to prepone the matter and decide the same before 23rd of February, 2024. 7.

With the aforesaid directions the present petition is disposed off.

8.

Needless to say in case the respondent feels aggrieved of the present order he shall be at liberty to move an appropriate application before this Court.

February 02, 2024 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2024.02.02 18:20 I attest to the accuracy and integrity of this document