Surjit Singh v. Talwinder Singh Saini And ORS

CRM-M-50056 of 2024 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.50056 of 2024 Date of decision : 14.10.2024 Surjit Singh .....Petitioner versus Talwinder Singh Saini and others ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. P. K. S. Phoolka, Advocate for the petitioner.

**** RAJESH BHARDWAJ , J. (Oral) 1.

Present petition has been filed under Section 528 of BNSS, 2023 for directing the learned Lower Court/learned Court of ASJ, Bathinda for deciding the appeal bearing No.CRA No.291 of 2022 now pending for 18.10.2024, titled as Talwinder Singh Saini and another vs. Surjit Singh (Annexure P-3) arising out of complaint No.COMA No.1106 of 2020 in Crl. File No.433 of 19.03.2020 (Annexure P-1) vide judgment of conviction dated 27.09.2022 passed by the learned JMIC, Bathinda (Annexure P-2) in a time bound manner, especially in the circumstances of deteriorating health condition and the old age of the petitioner. 2.

The facts of the present case in brief are that the petitioner filed a complaint bearing No.COMA No.1106 of 2020 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 27.09.2022. Against the same, respondent No.1 filed an appeal RITTU 2024.10.14 17:07 I attest to the accuracy and integrity of this document

CRM-M-50056 of 2024 -2before the Court of learned Additional Sessions Judge, Bathinda as Appeal No. CRA No.291 of 2022, wherein 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 affected, making it difficult for him to attend the Court proceedings. Doctors have cautioned him against traveling or going to public places and 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 condition 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 decide the appeal expeditiously in accordance with law within a period of six months from today.

5.

The petition is disposed of accordingly.

(RAJESH BHARDWAJ) 14.10.2024 JUDGE rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RITTU 2024.10.14 17:07 I attest to the accuracy and integrity of this document