Rajnish Jain v. Arihant Jain

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRM-M No.22811 of 2024 Date of decision : 11.7.2024 Rajnish Jain .............Petitioner

Versus

Arihant Jain .......Respondent CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. H.S. Rajput, Advocate, for the petitioner --- SANDEEP MOUDGIL, J (ORAL) This is a petition under Section 482 Cr.P.C. for quashing of order dated 11.3.2024 (Annexure P-2), passed by the Additional Sessions Judge, Chandigarh, in CRA No.111 of 2024 dated 7.3.2024, titled Rajnish Jain v. Arihant Jain, to the extent of deposit of 20% of the compensation amount.

2.

After arguing for some time, learned counsel for the petitioner prays for withdrawal of the present petition with liberty to move an appropriate application before the lower Appellate Court, with the reasons/grounds on which he is asking for the waiver of 20% of the compensation amount as stipulated under Section 148 of the N.I. Act, who shall adjudicate afresh by passing order in the light of 'Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. and others', decided on 4.9.2023.

3.

Prayer is accepted.

4.

Dismissed as withdrawn with liberty aforesaid.

CRM-M No.22811 of 2024 -25.

However, it is made clear that in case the Lower Appellate Court dismissed the application for waiver of the condition, the petitioner would be at liberty to approach this Court again on that cause of action. (SANDEEP MOUDGIL) JUDGE 11.7.2024 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/N