Kuldeep Singh v. Narender Saini

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-61411-2024 Date of decision: 09.12.2024 KULDEEP SINGH ....Petitioner V/s NARENDER SAINI ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Wazir Singh, Advocate, for the petitioner. ***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner in the instant petition filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is seeking exemption from depositing 20% of the compensation amount as ordered by the learned Additional Sessions Judge, Jind, on 23.09.2024 (Annexure P-3), during the pendency of the appeal.

2.

Learned counsel for the petitioner submits that the condition imposed by the learned Appellate Court was onerous, more so since the petitioner did not have the financial means to make payment of 20% of the compensation amount. A prayer has, therefore, been made to exempt the said condition.

3.

I have heard learned counsel for the petitioner and perused the relevant material on record.

4.

This Court is not inclined to exempt the petitioner from depositing 20% of the compensation amount during the pendency of the POONAM RATHORE 2024.12.10 09:53 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-61411-2024 -2appeal as it would defeat the very purpose behind enactment of Section 148 of the Negotiable Instruments Act, 1881. 5.

As a sequel to the above, there being no merit in the instant petition, the same stands dismissed.

6.

At this stage, learned counsel for the petitioner prays for extension of time to make payment of 20% of the compensation amount. 7.

The petitioner is granted extension up to 31.01.2025 to make payment of 20% of the compensation amount.

(MANJARI NEHRU KAUL) JUDGE December 09, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.12.10 09:53 I attest to the accuracy and authenticity of this document High Court Chandigarh