Satbir v. State Of Haryana

CRA No. 2235-SB of 2014 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No. 15852 of 2014 in/& CRA No. 2235-SB of 2014 (O&M) Date of decision : 29.07.2015 Satbir ....Appellant V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. R.S. Mamli, Advocate for the appellant.

RAJAN GUPTA J.

CRM No. 15852 of 2014 This is an application for condonation of 239 days delay in filing the appeal.

For the reasons stated in the application, same is allowed. Delay of 239 days in filing the appeal is condoned. CRA No. 2235-SB of 2014 Challenge in the present appeal is to order dated 19.07.2013 passed by Additional Sessions Judge, Fatehabad whereby Collector Fatehabad has been directed to recover the amount of `40,000/- imposed as penalty on the appellant due to non-appearance of accused Satyawan. Admittedly, accused Satyawan appeared before the court on 24.07.2013 itself. He was tried and acquitted by the trial court.

Only plea raised by counsel for the appellant is for reduction in amount of penalty as appellant is not in a position to pay `40,000/-.

AJAY KUMAR 2015.07.29 15:43 I attest to the accuracy and authenticity of this document

CRA No. 2235-SB of 2014 (O&M) Notice of motion.

On the asking of court, Mr. Gaurav Dhir, DAG Haryana, who is present in court, accepts notice on behalf of the respondent. He does not seriously opposed the prayer for reduction of penalty amount.

In view of above, this appeal is allowed and it is directed that amount of penalty imposed on the appellant is reduced to `15,000/-. Same shall be deposited by appellant with the concerned court within one month from today failing which Collector, Fatehabad shall be at liberty to recover it in accordance with law.

July 29, 2015 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2015.07.29 15:43 I attest to the accuracy and authenticity of this document