High Court of Punjab and HaryanaCRM-M/53149/2021disposed of

Malay Kant Jha v. M/S Matrix Clothing Pvt. Ltd.

2021-12-22Mr. Justice Karamjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-53149-2021 Date of Decision:-.22.12.2021 MALAY KANT JHA ... Petitioner

Versus

M/S MATRIX CLOTHING PVT. LTD.

... Respondent *****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Mr. Ramjee Pandey, Advocate for the petitioner.

***** KARAMJIT SINGH , J. (Oral) Case has been heard through video conferencing on account of COVID-19 Pandemic.

Counsel for the petitioner has challenged impugned order dated 22.9.2021 passed by the Court of Additional Sessions, Gurugram whereby the appeal filed by the petitioner against judgment of conviction and order of sentence under Section 138 of Negotiable Instruments Act (in short 'NI Act') was admitted by the Appellate Court but at the same time, the petitioner was directed to deposit 20% of the compensation amount awarded by the trial Court in the Court and the case was adjourned to 2.12.2021 for arguments. GAURAV SOROT 2021.12.22 17:36 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-53149-2021 Heard.

Admittedly, the Appellate Court while passing the aforesaid order has not given time of 60 days as has been provided under Section 148(2) of NI Act, to the petitioner for deposit of aforesaid 20% of compensation. Section 148(2) of NI Act also provides that the said period of 60 days can also be extended further to another 30 days on sufficient cause. The aforesaid period of 90 days are going to expire today itself. This Court is of the view that the aforesaid impugned order is suffering from irregularity as no time frame was given by the Court of Additional Sessions Judge to the petitioner to deposit aforesaid amount in accordance with the provisions of Section 148(2) of NI Act.

Accordingly, in the interest of justice, the present petition is hereby disposed of with direction to the petitioner to deposit the aforesaid 20% of compensation amount awarded by the trial Court in the Appellate Court within next 30 days. In case of failure to deposit the amount in question within aforesaid 30 days from today, it shall be open to the lower Appellate Court to cancel bail and to hear the appeal on merits. ( KARAMJIT SINGH) 22.12.2021 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2021.12.22 17:36 I attest to the accuracy and integrity of this document