M/S KANUJ HOME TEXTILES EXIM AND ANOTHER v. ASEEM PAHWA
CRM-M/52088/2025 · 2025-09-16
Vinod S Bhardwaj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 100935 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100935 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 124
CRM-M-52088-2025
Date of decision: 16.09.2025
M/S KANUJ HOME TEXTILES EXIM AND ANOTHER
......Petitioners
VERSUS
ASEEM PAHWA
.......Respondent
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
*****
Present: - Mr. Divyam Singh, Advocate
for the petitioners.
***** VINOD S. BHARDWAJ, J. (Oral)
The present petition has been filed impugning the order dated 19.03.2025, whereby the learned Additional Sessions Judge, Panipat has
directed the petitioner to deposit 20% of the compensation amount within a period of 60 days from the date of the passing of the order, failing which, the bail of the petitioner shall be cancelled and order of suspension of sentence shall be withdrawn.
2.
Learned counsel for the petitioner contends that the Court vide
order dated 19.03.2025 has directed the petitioner to deposit 20% of the compensation amount while considering the application for suspension of sentence of the petitioner without even granting an opportunity to the petitioner to establish the underlying circumstances and financial hardship VISHAL SHARMA 2025.09.17 14:56 I attest to the accuracy and integrity of this document
CRM-M-52088-2025
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faced by him which render him incapable of making the pre-deposit. He further contends that the petitioner would be satisfied in case he is granted an opportunity to move an appropriate application to put forth the circumstances as would require a lenient view to be taken and the requirement of pre-deposit to be revisited.
3.
In view of the order which this Court proposes to pass, the issuance of a formal notice to the respondent would not be necessary.
4.
Having gone through the impugned order as well as the averments contained in the present petition, I am of the opinion that the present petition can be disposed of with liberty to the petitioner to move an appropriate application for seeking waiver/redetermination of the pre-deposit by way of an appropriate application within a period of 15 days from today. In the event of any such application being filed by the petitioner, the Appellate Court shall consider the said application in view of the law laid down by the Hon'ble Supreme Court in Criminal Appeal No.2741 of 2023 decided on 04.09.2023 titled "Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd. and others".
5.
The order of suspension of sentence of the petitioner is directed to remain in operation for a period of 15 days from today so as to enable the petitioner to move such an application before the Appellate Court and thereafter, an appropriate order shall be passed by the court dealing with the said application.
6.
Accordingly, the instant petition stands disposed of.
VISHAL SHARMA 2025.09.17 14:56 I attest to the accuracy and integrity of this document
CRM-M-52088-2025
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7.
Pending misc. application(s), if any, shall also stand disposed of.
(VINOD S. BHARDWAJ) SEPTEMBER 16, 2025
JUDGE Vishal Sharma
Whether speaking/reasoned : Yes/No
Whether Reportable
: Yes/No VISHAL SHARMA 2025.09.17 14:56 I attest to the accuracy and integrity of this document