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2025 DAILYLAW 103646 (PNJ)

LABH CHAND v. STATE OF PUNJAB AND ANOTHER

CRM-M/54270/2025 · 2025-09-25

Vinod S Bhardwaj

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 126 CRM-M-54270-2025 (O&M) Date of decision: 25.09.2025 Labh Chand ...Petitioner(s) VERSUS State of Punjab and another ...Respondent(s) CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Gurmeet Singh, Advocate for the petitioner(s). ***** VINOD S. BHARDWAJ, J. (Oral) The instant petition has been filed seeking setting aside of the order dated 21.08.2025 passed by the Sessions Judge, Hoshiarpur in complaint bearing No.NACT-526 of 2021 dated 24.09.2021 under Section 138 of the Negotiable Instruments Act, 1881, pending in the Court of Judicial Magistrate 1st Class, Hoshiarpur to the extent to reduce the interim compensation amount of Rs.25,000/- imposed upon the petitioner on the ground of that the same is excessively harsh and extreme. 2. Learned counsel appearing on behalf of the petitioner contends that the petitioner was summoned in the aforesaid complaint vide order dated 24.05.2022 whereupon he had been regularly appearing before the trial Court, however, on account of personal issues and being in distress, he could not appear before the trial Court on 02.08.2025 as a result whereof warrants were issued against him. The petitioner filed his bail application before the Sessions Judge, Hoshiarpur whereupon vide order dated 21.08.2025 he was admitted to bail with a direction to deposit Rs.25,000/- as interim MANGAL SINGH 2025.09.25 18:06 I am the author of this document 2 126 CRM-M-54270-2025 (O&M) compensation as per Section 143(A) of the Negotiable Instruments Act, 1881 before the trial Court, hence, the instant petition has been filed. 3. Counsel for the petitioner contends that the petitioner is a poor person and working as a Carpenter and suffered huge losses in his furniture business, hence, he is not in a position to collect Rs.25,000/- to be deposited as interim compensation in terms of the directions issued by the Sessions Judge vide order dated 21.08.2025. He submits that a reasonable indulgence may be granted to the petitioner so as to afford him an adequate opportunity to defend his case. 4. Taking into consideration that it is a small cause, I refrain from issuing notice to the respondent-complainant at this stage, since the same would unnecessarily impose a burden upon him. 5. Noticing the fact, I deem it appropriate to allow the present petition and modify the order dated 21.08.2025 passed by the Sessions Judge, Hoshiarpur directing a deposit of interim compensation under Section 143(A) of the Negotiable Instruments Act, 1881 to the tune of Rs.25,000/- and instead, the petitioner is directed to deposit a sum of Rs. 15,000/- as interim compensation within a period of 02 weeks from the receipt of a certified copy of this order. 6. Allowed. (VINOD S. BHARDWAJ) 25.09.2025 JUDGE Mangal Singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MANGAL SINGH 2025.09.25 18:06 I am the author of this document