CRR-226-2024 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 211 CRR-226-2024 (O&M) Date of Decision: 20.01.2026 Naresh Kumar Gupta and another ......... Peoners Versus M/s Sood Resigns and Polymers ......... Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present Mr. H.S. Randhawa, Legal Aid Counsel for the peoners. Mr. Mohan Singh Chauhan, Advocate for the respondent. **** ANOOP CHITKARA, J. (ORAL) The present peon has been filed for se)ng aside the impugned judgment dated 04.01.2024 passed by learned Addional Sessions Judge, Chandigarh in Criminal Appeal No. 101/2019, whereby the appeal filed by the peoners was dismissed and impugned judgment dated 22.01.2019 passed by learned Judicial Magistrate Ist Class, Chandigarh, whereby the peoners were convicted and sentenced to undergo rigorous imprisonment for a period of three months each for the commission of offence punishable under Secon 138 of N.I. Act was upheld. 2. Learned legal aid counsel for the peoners submits that the impugned judgment was passed in the absence of the peoners, they were unheard and not even a legal aid counsel was appointed on their behalf. 3. Counsel for the respondent submits that despite issuance of non-bailable warrants, the peoners were unrepresented. However, he has not disputed the aforesaid posion. 4. Needless to say that if the convicts were absent, then the appropriate remedy is to appoint a legal aid counsel on their behalf to hear the appeal, which was not done. JYOTI 2026.01.27 09:45 I attest to the accuracy and integrity of this order/judgment. CRR-226-2024 (O&M) 2 5. On this ground alone, the present peon is allowed and the impugned judgment 04.01.2024 passed by learned Addional Sessions Judge, Chandigarh, is quashed and set aside. The ma9er is remanded back to the concerned Appellate Court for adjudicaon of fresh appeal. The pares are directed to appear before the Appellate Court on 10.02.2026. Learned Sessions Court to issue noces to the pares and in case, peoners are again unrepresented, Court is at liberty to proceed further by appoinng legal aid counsel on their behalf. All pending miscellaneous applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 20.01.2026 Jyo -II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2026.01.27 09:45 I attest to the accuracy and integrity of this order/judgment.