← Library
High Court of Punjab and HaryanaCRM-A/544/2018allowed

M/S Om Parkash Sushil Kumar Thr Its Proprietor v. Satish Kumar Girdhar

2024-09-27Mr. Justice Anoop Chitkara1 pages

CRM-A-544-MA-2018  CRM-A-544-MA-2018 M/s Om Parkash Sushil Kumar through Its Proprietor Vs.

Satish Kumar Girdhar

Present:

Mr. Ashwani Bhardwaj, Advocate for the applicant. Ms. Mansukh, Advocate for Mr. P.S. Jammu, Advocate for the respondent. ***** CRM-A-544-2018 On 24.04.2024, on request of counsel for the parties, matter was referred to Mediation and Conciliation Centre of this Court. As per report received from the Mediator, none of the parties have appeared before the Mediator. Applicant's counsel submits that the present application was filed against acquittal in the year 2017 and he has a very good case on merit.  Counsel appearing for the respondent submits that the judgment of acquittal is well reasoned and leave to appeal should not be granted. He further submits that in case, this Court grants leave to appeal and admit the main appeal, its turn will not come for hearing for decades, as such pendency of the appeal may be treated in-consequential for the respondent.  Leave to appeal granted.

Counsel for the respondent submits that he be exempted from furnishing bail bonds/surety bonds before the concerned trial Court or Chief Judicial Magistate. He undertakes to surrender before the majesty of Court as and when this Court directed to do so or in case of reversal of the judgment.  Given such undertaking, there shall be no need to furnish bail bonds/surety bonds by the respondent.

Main appeal Admit.

List for final hearing on its own turn as per its queue following the roster of Negotiable Instruments Act.

It is clarified that the pendency of this appeal shall be in-consequential for any purpose. Liberty reserved to both the parties to file an application for sending the matter before the Mediation and Conciliation Centre of this Court. (ANOOP CHITKARA) JUDGE 27.09.2024/anju rani ANJU RANI 2024.09.30 16:32 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh