Gaurav Kumar Jha v. Karambir
CRM-M- 39634-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M- 39634-2025 Date of decision: 25.07.2025 Gaurav Kumar Jha ......Petitioner
Versus
Karambir .....Respondent CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present:
Ms. Pallavi Babbar, Advocate for the petitioner. SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court has been invoked under Section 528 of BNSS, 2023 for quashing of the impugned order dated 19.04.2025 (Annexure P-3) passed by Ld. Additional Sessions Judge, Palwal to the extent vide which petitioner was directed to deposit 20% of the total amount of compensation awarded by Ld. Trial Court in appeal bearing registration no. CRA/88/2025 date of registration 19.04.2025 titled as "Gaurav Kumar Jha vs. Karambir", which has been filed against judgment dated 21.03.2025 (Annexure P-2) passed by Ld. JMIC, Hodal in complaint U/s 138 of Negotiable Instrument Act, 1881 titled as "Karambir Vs. Gaurav Kumar Jha", bearing no. NACT-116-2020 date of institution 10.08.2020.
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 MANOJ KUMAR 2025.07.29 01:08 I attest to the accuracy and authenticity of this order Section 148 of the Negotiable Instruments Act, who shall adjudicate afresh by
CRM-M- 39634-2025 passing in the light of Jamboo Bhandari versus M.P. State Industrial Development Corporation Ltd. & Ors.", decided on 04.09.2023. Prayer is accepted.
Dismissed as withdrawn with liberty aforesaid. 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 25.07.2025 manoj Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2025.07.29 01:08 I attest to the accuracy and authenticity of this order