High Court of Punjab and HaryanaCRR/872/2019dismissed

M/S Pardeep Kumar And Another v. M/S Devans Modern Breweries Limited

2020-02-05Mr. Justice Ramendra Jain2 pages

-1CRR-872 of 2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-872 of 2019 (O&M) Date of Decision: 05.02.2020 M/s Pardeep Kumar and another

...Petitioners

Versus

M/s Devans Modern Breweries Ltd.

....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Kamal Mor, Advocate, for the petitioners. Mr. Aman Bahri, Advocate, for the respondent. RAMENDRA JAIN, J. (ORAL) Through this revision, revisionists-accused have laid challenge to order dated 15.02.2019 of the appellate Court, directing them to deposit 20% of the compensation amount.

Briefly, respondent-complainant filed a complaint under Section 138 of the Negotiable Instruments Act (in short 'the Act') against petitioner. The trial Court, after holding trial, vide judgment of conviction dated 15.01.2019 held the petitioner guilty under Section 138 of the Act and sentenced him to undergo rigorous imprisonment for one year and pay compensation equivalent to cheque amount of `10,00,000/- to the complainant vide order of sentence dated 16.01.2019. Being aggrieved, petitioner approached the lower appellate Court, who vide impugned order dated 15.02.2019, directed the petitioner to deposit 20% of the compensation amount with the Court. RAVINDER SINGH 2020.02.11 11:03 I attest to the accuracy and integrity of this document

-2CRR-872 of 2019 (O&M) Learned counsel for the respondent contends that this revision is liable to be dismissed inasmuch as Section 148, as amended, has retrospective operation. In support of his contention, learned counsel placed reliance upon judgment in Surinder Singh Deswal @ Col. S.S. Deswal and others v. Virender Ganghi, 2019(3) R.C.R.(Criminal) 186 (S.C.) and M/s Ginni Garments and another v. M/s Sethi Garments and another, 2019(2) R.C.R.(Criminal) 833.

Learned counsel for the petitioners has not been able to cite any contrary law.

In view of above, revision is dismissed.

(RAMENDRA JAIN) February 05, 2020 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2020.02.11 11:03 I attest to the accuracy and integrity of this document