Prem Kumar Goel v. Raman Kumar

CRM-M-17484-2024 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17484-2024 (O&M) Date of decision : 10.07.2025 Prem Kumar Goel ... Petitioner

Versus

Raman Kumar .. Respondent CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. S.P.S.Aulakh, Advocate for the petitioner. Mr. Abhijeet Chaudhary, Advocate for the respondent. *** H.S. Grewal, J.(Oral) 1.

The instant petition has been filed under Section 482 Cr.P.C for setting aside of the order dated 01.04.2024 (Annexure P-1) passed by ld. Addl. Session Judge, Kaithal in CRA-29/2022 titled as "Prem Kumar Goel vs. Raman Kumar" filed against the judgment of conviction dated 31.03.2022 passed by ld. JMIC, Kaithal in complaint No. 950 of 2017 under Section 138 of Negotiable Instruments Act, 1881 (for short 'N.I. Act') whereby the condition to deposit 20% of the cheque amount as compensation was imposed without without speaking order and only 8 days time period was given. 2.

At the very outset, learned counsel for the petitioner submits that the next date before the lower Appellate Court is 21.07.2025 and the petitioner is intending to argue the matter on the next date of hearing before the lower Appellate Court, for that he undertakes that he shall not seek any adjournment. Renu Rawat 2025.07.18 09:06 I attest to the accuracy and integrity of this document

CRM-M-17484-2024 (O&M) -23.

In light of the above, the instant petition is disposed of, without issuing notice to the respondent, with a direction to the petitioner to argue the appeal on the next date of hearing i.e. 21.07.2025 before the lower Appellate Court.

4.

The lower Appellate Court is also directed to hear the appeal on the date fixed and make a final decision within 15 days thereafter. In case, on the next date i.e. 21.07.2025, there are compelling circumstances to adjourn the appeal, a short date may be given to hear the final arguments. It is further directed that the condition regarding deposit of amount equivalent to 20% as engrafted in the impugned order (Annexure P-1) will be waived off till 21.07.2025. However, in case, the appeal is not argued on the next date i.e. 21.07.2025 or on any subsequent date as fixed before the lower Appellate Court, it shall be open to the lower Appellate Court to proceed further in accordance with law in order to enforce the impugned order(Annexure P-1) . (H.S.GREWAL) JUDGE 10.07.2025 renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Renu Rawat 2025.07.18 09:06 I attest to the accuracy and integrity of this document