High Court of Punjab and HaryanaCRM-M/10936/2023disposed of

Mukesh Punia v. Suman

2023-03-02Mr. Justice Deepak Gupta1 pages

118 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-10936-2023 Date of Decision: March 02, 2023 Mukesh Punia

...Petitioner

Versus

Suman

...Respondent

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Surinder Garg, Advocate for the petitioner. DEEPAK GUPTA , J.(Oral) Challenge in this petition is to the order dated 03.01.2023 (Annexure P-3), whereby Appellate Court had directed the petitioner to deposit 20% of the compensation amount as awarded by the Trial Court in CRA No.442 of 2022, titled as "Mukesh Punia v. Suman", which was filed against judgment dated 23.11.2022 passed by Learned Judicial Magistrate 1st Class, Hisar in NACT No.1453/2018, titled as "Suman v. Mukesh Punia", by way of which conviction of the petitioner has been recorded.

After hearing learned counsel for the petitioner, I find no merit in the present petition as this is within the discretionary power of the Appellate Court to ask the petitioner to deposit 20% of the compensation, as per newly amended Section 148 of the Negotiable Instruments Act, 1881. However, learned counsel for the petitioner at this stage submits that he may be granted more time to deposit the said amount. Petitioner was given time up to 09.03.2023 for making payment of 20% of the compensation amount. It is directed that instead of up to 09.03.2023, petitioner will be at liberty to make compliance of the order dated 03.01.2023 of learned Additional Sessions Judge, Hisar up to 31.03.2023.

Disposed of.

March 02, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.03.02 18:11 I attest to the accuracy and integrity of this document/order