Sukhwinder Singh v. Ritu Bawa

CRM-M No. 44666 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No. 44666 of 2024 Date of Decision: 10.09.2024 Sukhwinder Singh ...PeƟƟoner

Versus

Ritu Bawa

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Rahul Aggarwal, Advocate for the peƟƟoner.

**** ANOOP CHITKARA, J.

Criminal Complaint No.

NACT-272-2021 Ɵtled "Ritu Bawa vs Sukhwinder Singh" 1.

Seeking quashing of impugned order dated 18.05.2023 passed by JMIC, SAS Nagar whereby peƟƟoner has been directed to pay 20% of the cheque amount as interim compensaƟon, the peƟƟoner has come up before this court under secƟon 528 BNSS.

2.

The nature of order this court proposes to pass, no response is required from the respondent.

3.

Counsel for the peƟƟoner has drawn aƩenƟon of this Court to the impugned order wherein no reasons have been menƟoned. While deciding the prayer made under SecƟon 143-A, the Court must record brief reasons in view of the raƟo of judgment of Rakesh Ranjan Shrivastava vs The State of Jharkhand and another, 2024(2) RCR (Criminal) 279.

4.

I have also perused the impugned order and there is no reason menƟoned as to why the Court has ordered payment of compensaƟon of 20% of the cheque amount, as such, impugned order is set aside. Jyoti Sharma 2024.09.13 10:03 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-M No. 44666 of 2024 5.

The trial Court is directed to re-hear the applicaƟon under SecƟon 143-A of NI Act in the light of judgment of Rakesh Ranjan Shrivastava vs The State of Jharkhand and another, 2024(2) RCR (Criminal) 279. ParƟes are directed to appear before the trial Court on 04.10.2024 i.e. the date already fixed. This order is subject to the condiƟon that the peƟƟoner shall appear before the trial Court on 04.10.2024 and if he fails to appear, it shall be deemed to be a delay tacƟcs and this order shall automaƟcally re-called under SecƟon 403 of BNS r/w 528 of BNS. 6.

There would be no need for a cerƟfied copy of this order, and any Advocate for the PeƟƟoner can download this order along with case status from the official web page of this Court and aƩest it to be a true copy. In case the aƩesƟng officer wants to verify the authenƟcity, such an officer can also verify its authenƟcity and may download and use the downloaded copy for aƩesƟng bonds. 7.

PeƟƟon allowed to the extent and subject to the condiƟons menƟoned above. All pending applicaƟons, if any, stand disposed. (ANOOP CHITKARA) JUDGE 10.09.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.09.13 10:03 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh