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2025 DAILYLAW 38170 (PNJ)

RAJESH KUMAR SHARMA v. RAJESH KUMAR SHARMA AND ANR

CRM-M/16533/2025 · 2025-04-09

Manisha Batra

body2025

Judgment text

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CRM-M-16533-2025 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 137 CRM-M-16533-2025 Date of decision : 09.04.2025 Rajesh Kumar Sharma ..... Petitioner VERSUS Rajesh Kumar Sharma and anr. .... Respondents CORAM: HON’BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Himanshu Joshi, Advocate, for the petitioner. Mr. Kunal Dawar, Advocate, for respondent No.1. Mr. Apoorv Garg, Sr. DAG, Haryana, for respondent No.2. ***** MANISHA BATRA , J. 1. The petitioner is seeking quashing of order dated 05.12.2024 (Annexure P-4) passed by the Court of learned Additional District and Sessions Judge, Gurugram, in CRA-459-2024 titled Rajesh Kumar Sharma Vs. Rajesh Kumar Sharma, whereby the bail of the petitioner was cancelled and bonds were forfeited on account of his non-appearance and warrant of arrest against the petitioner was order to be issued. 2. Learned counsel for the petitioner inter alia submits that his absence on 05.12.2024 was not intentional but was due to some communication gap between his counsel and himself. He further submits that he is ready and willing to join the proceedings and to abide by the terms and conditions to be imposed upon him. It is submitted that the order directing deposit of 20% of the compensation amount by the petitioner within the stipulated period, has also been set aside by this Court separately vide order dated 17.03.2025 passed in CRM-M-13927 of 2025. ANIL KUMAR 2025.04.11 16:23 I attest to the accuracy and integrity of this document CRM-M-16533-2025 2 3. Learned counsel for respondent No.1 has also appeared and filed memo of appearance. It is submitted that the petition does not deserve to be allowed and the absence of petitioner was intentional as he had not been deposited 20% of the compensation amount to the respondent. 4. Since the order directing deposit of 20% compensation amount to the respondent/complainant by the petitioner already stands set aside by this Court and the petitioner is ready and willing to join the proceedings before the learned first appellate Court, therefore, the instant petition is disposed of directing the petitioner to surrender before the concerned Court on or before 16.04.2025 and furnish bonds to the satisfaction of the learned trial Court and also subject to payment to Rs.5000/- as costs to the respondent No.1. 5. Disposed of accordingly. (MANISHA BATRA) JUDGE 09.04.2025 anil Whether speaking / reasoned Yes/No Whether Reportable Yes/No ANIL KUMAR 2025.04.11 16:23 I attest to the accuracy and integrity of this document