Surjit Singh v. Mohinder Kumar And Another

CRM-M-49277-2024

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Sr. No.114 CRM-M-49277-2024 Date of decision : 01.10.2024 SURJIT SINGH ..... Petitioner

VERSUS

MOHINDER KUMAR AND ANOTHER ..... Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. P.K.S. Phoolka, Advocate for the petitioner.

Mr. Randhir Singh Thind, DAG, Punjab.

***** KIRTI SINGH, J. (Oral) The jurisdiction of this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been invoked for seeking directions to the learned Additional Sessions Judge, Bathinda, for expeditious disposal of Appeal No.CRA 310 of 2024, which is pending adjudication for 10.01.2025, titled as Mohinder Kumar vs. Surjit Singh.

2.

The facts of the present case in brief are that the petitioner filed a complaint bearing No. NACT 2259 of 2023 under Section 138 of the NI Act against respondent No.1. The Trial Court, after considering the facts and circumstances, convicted respondent No.1 vide its judgment dated 30.04.2024. In response, respondent No.1 filed an appeal before the ASJ, Bathinda, as Appeal No. CRA 310 of 2024, where notice was issued to the petitioner, and the petitioner duly appeared. 3.

Learned counsel for the petitioner submits that the petitioner is 80 years old and is suffering from several serious health conditions. He also submits that due to his fragile medical condition, his eyesight has been KAVITA NAIN 2024.10.03 15:21 I attest to the accuracy and integrity of this document order/judgment

CRM-M-49277-2024 affected, making it difficult for him to attend court proceedings. Doctors have advised him against traveling or going to public places, recommended him rest. He also refers to medical opinions from Dr. R.K. Maadan of Maadan Nursing and Maternity Home, Bathinda, dated 07.09.2024, and Dr. J.S. Sra of Sra Eye Hospital, Bathinda, dated 07.09.2024, attached as Annexures P-4 and P-5. Therefore, the petitioner requests a time-bound decision due to his deteriorating health and advanced age. 4.

Considering the prayer made in the petition, this Court finds it appropriate to direct the learned Additional Sessions Judge, Bathinda, to expeditiously decide the appeal within a period of six months. 5.

The petition is disposed of accordingly.

(KIRTI SINGH) 01.10.2024 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No KAVITA NAIN 2024.10.03 15:21 I attest to the accuracy and integrity of this document order/judgment