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High Court of Punjab and Haryana · body

2025 DAILYLAW 48376 (PNJ)

BALWINDER SINGH v. HARBANS SINGH AND ANR.

CRM-M/23832/2024 · 2025-07-10

Sandeep Moudgil

body2025

Judgment text

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128 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23832-2024 DECIDED ON: 10.07.2025 BALWINDER SINGH .....PETITIONER VERSUS HARBANS SINGH AND ANR. .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Sunny K. Singla, Advocate for the petitioner. SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court has been invoked under Section 482 Cr.P.C. for quashing of the impugned order dated 28.02.2024 (Annexure P-4) passed by Ld. Additional Sessions Judge, Sangrur to the extent vide which petitioner was directed to deposit 20% of the total amount of compensation awarded by Ld. Trial Court in appeal bearing registration no. CRA/120/2024 date of registration 28.02.2024 titled as "Balwinder Singh Vs. Harbans Singh and another", which has been filed against judgment dated 30.01.2024 (Annexure P-1) passed by Ld. JMIC, Malerkotla in complaint U/s 138 of Negotiable Instrument Act, 1881 titled as "Harbans Singh Vs. Balwinder Singh", bearing no. NACT- 976-2019 date of institution 18.12.2019. After arguing for some time, learned counsel for the petitioner prays for withdrawal of the present petition with liberty to move an appropriate application before the lower Appellate Court, with the reasons/grounds on which MEENU 2025.07.11 09:56 I attest to the accuracy and integrity of this document CRM-M-23832-2024 -2- he is asking for the waiver of 20% of the compensation amount as stipulated under Section 148 of the Negotiable Instruments Act, who shall adjudicate afresh by passing in the light of Jamboo Bhandari versus M.P. State Industrial Development Corporation Ltd. & Ors.”, decided on 04.09.2023. Prayer is accepted. Dismissed as withdrawn with liberty aforesaid. However, it is made clear that in case the Lower Appellate Court dismissed the application for waiver of the condition, the petitioner would be at liberty to approach this Court again on that cause of action. (SANDEEP MOUDGIL) 10.07.2025 JUDGE Meenu Whether speaking/reasoned :Yes/No Whether reportable :Yes/No MEENU 2025.07.11 09:56 I attest to the accuracy and integrity of this document