KRISHAN KUMAR v. M/S SUPER WHITE HOUSE AND ANOTHER
CRM-M/24908/2025 · 2025-05-08
Sandeep Moudgil
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53671 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53671 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
132
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24908-2025 DECIDED ON: 08.05.2025 KRISHAN KUMAR
.....PETITIONER VERSUS M/S SUPER WHITE HOUSE AND ANOTHER
.....RESPONDENTS CORAM:
HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Rhythem Bajaj, Advocate for the petitioner.
SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court has been invoked under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of the impugned order dated 19.03.2024 (Annexure P-2) passed by Ld. Addl. Sessions Judge, Fazilka in CRA-129-2024 dated 19.03.2024 (Complaint NACT/118/2019 instituted on dated 24.01.2019 decided on 29.02.2024) vide which the petitioner was directed to deposit the 20% of the compensation amount awarded before the ld. trial court within 60 days from the date of the order as it is erroneous and unsustainable in the eyes of law. 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 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 MEENU 2025.05.09 14:46 I attest to the accuracy and integrity of this document
CRM-M-24908-2025 -2- 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 Dismissed as withdrawn with liberty aforesaid.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) 08.05.2025
JUDGE Meenu Whether speaking/reasoned Yes/No Whether reportable Yes/No MEENU 2025.05.09 14:46 I attest to the accuracy and integrity of this document