123 IN THE HIGH COURT OF PUNJAB AND HARYANA SUSHIL KUMAR ALIAS SUSHIL KUMAR VASHIST HARISH KUMAR AND CORAM: HON’BLE MR. Present: Mr. HARPREET SINGH BRAR 1. Prayer in the present Nagrik Suraksha Sanhita, 2023 Additional Sessions Judge, Panchkula, in criminal appeal bearing No.CRA No.193 of 2024 titled as effect that the petitioner is ready to pay the award amount and seeks more time to satisfy the award on or before 30.08.2025 conviction and order of sentence dated 04.10.2024 passed by learned Judicial Magistrate Ist Cl of 2020 titled as Section 138 of Negotiable Instruments Act, 1881 2. Learned counsel for the petitioner petitioner has borrowed an amount of Rs.6,86,668/ lieu of which, he issued 000042 dated 01.12.2019 in favour of respondent No.1, but the same were dishonoured with remarks “Funds In an amount of Rs.50,000/ IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SUSHIL KUMAR ALIAS SUSHIL KUMAR VASHIST V/S HARISH KUMAR AND ANOTHER HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Badal Malik, Advocate for the petitioner. **** HARPREET SINGH BRAR, J. (ORAL) Prayer in the present petition filed under Section 528 of Nagrik Suraksha Sanhita, 2023 is for issuance of direction to learned Additional Sessions Judge, Panchkula, in criminal appeal bearing No.CRA No.193 of 2024 titled as ‘Sushil Kumar vs. Harish Kumar and another effect that the petitioner is ready to pay the award amount and seeks more time e award on or before 30.08.2025 conviction and order of sentence dated 04.10.2024 passed by learned Judicial Magistrate Ist Class, Panchkula in criminal complaint bearing No.NACT of 2020 titled as ‘Harish Kumar vs. Sushil Kumar’ Section 138 of Negotiable Instruments Act, 1881 Learned counsel for the petitioner petitioner has borrowed an amount of Rs.6,86,668/ lieu of which, he issued cheques bearing No.013009 dated 21.10.2019 and 000042 dated 01.12.2019 in favour of respondent No.1, but the same were dishonoured with remarks “Funds Insufficient”. Thereafter, the petitioner gave an amount of Rs.50,000/- to respondent No.1 and issued a cheque bearing IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27675-2025 Date of decision: 20.05.2025 SUSHIL KUMAR ALIAS SUSHIL KUMAR VASHIST ...PETITIONER ...RESPONDENTS HARPREET SINGH BRAR Advocate for the petitioner. petition filed under Section 528 of Bharatiya is for issuance of direction to learned Additional Sessions Judge, Panchkula, in criminal appeal bearing No.CRA ‘Sushil Kumar vs. Harish Kumar and another’ to the effect that the petitioner is ready to pay the award amount and seeks more time e award on or before 30.08.2025, arising out of judgment of conviction and order of sentence dated 04.10.2024 passed by learned Judicial ass, Panchkula in criminal complaint bearing No.NACT-874 ‘Harish Kumar vs. Sushil Kumar’ in a complaint filed under Section 138 of Negotiable Instruments Act, 1881. Learned counsel for the petitioner inter alia contends that the petitioner has borrowed an amount of Rs.6,86,668/- from respondent No.1, in 013009 dated 21.10.2019 and 000042 dated 01.12.2019 in favour of respondent No.1, but the same were sufficient”. Thereafter, the petitioner gave to respondent No.1 and issued a cheque bearing MANISHA 2025.05.20 17:06 I attest to the accuracy and authenticiy of this order/judgment CRM-M-27675 No.202323 dated 30.09.2020 Thereafter, upon presentation, the aforementioned cheque dishonoured and respondent No.1 filed the complaint petitioner under Section 138 of Negotiable Instruments Act, 1881. The petitioner was convicted by learned trial Court and was awarded simple imprisonment for a period of one year and to as compensation. judgment of conviction and order of sentence dated 04.10.2024 passed by learned Judicial Magistrate Ist Class, Panchkula, before learned Additional Sessions Judge, Panchkula. 3. Learned counsel further contends that d appeal, the matter was listed before National Lok Adalat on petitioner and respondent No.1 arrived at a compromise and the matter was resolved amicably. The petitioner payment in terms of the compromise on or before 31.03.2025, as discernible from order dated Lok Adalat, Panchkula arrange the required funds and made a prayer for extension of time Thereafter, on 28.04.2025 (Annexure P make the payment on or before 10.05.2025 settled amount. 13.05.2025, the petitioner was asked to pay the remaining amount of Rs.7,92,750/- on the next date of hearing i.e. 22.05.2025. submits that the extension of three 27675-2025 2 202323 dated 30.09.2020 for an amount of Rs.6,36,668/ Thereafter, upon presentation, the aforementioned cheque ishonoured and respondent No.1 filed the complaint petitioner under Section 138 of Negotiable Instruments Act, 1881. The petitioner was convicted by learned trial Court and was awarded simple imprisonment for a period of one year and to pay an amount of R as compensation. Thereafter, the petitioner filed an appeal against the judgment of conviction and order of sentence dated 04.10.2024 passed by learned Judicial Magistrate Ist Class, Panchkula, before learned Additional ions Judge, Panchkula. Learned counsel further contends that d appeal, the matter was listed before National Lok Adalat on petitioner and respondent No.1 arrived at a compromise and the matter was ably. The petitioner undertook to satisfy the award payment in terms of the compromise on or before 31.03.2025, as discernible from order dated 14.12.2024 passed by learned Presiding Officer, Natiional Lok Adalat, Panchkula (Annexure P-3). Howeve arrange the required funds and made a prayer for extension of time on 28.04.2025 (Annexure P-4), the petitioner was granted time to make the payment on or before 10.05.2025 but . Learned counsel further submits that 13.05.2025, the petitioner was asked to pay the remaining amount of on the next date of hearing i.e. 22.05.2025. submits that the petitioner moved the present pe extension of three months more time in order to satisfy the award and pay the for an amount of Rs.6,36,668/- in his favour. Thereafter, upon presentation, the aforementioned cheque was got ishonoured and respondent No.1 filed the complaint (supra) against the petitioner under Section 138 of Negotiable Instruments Act, 1881. The petitioner was convicted by learned trial Court and was awarded simple pay an amount of Rs.9,55,002/- petitioner filed an appeal against the judgment of conviction and order of sentence dated 04.10.2024 passed by learned Judicial Magistrate Ist Class, Panchkula, before learned Additional Learned counsel further contends that during the pendency of the appeal, the matter was listed before National Lok Adalat on 14.12.2024. The petitioner and respondent No.1 arrived at a compromise and the matter was to satisfy the award by making payment in terms of the compromise on or before 31.03.2025, as discernible 14.12.2024 passed by learned Presiding Officer, Natiional However, the petitioner could not arrange the required funds and made a prayer for extension of time. 4), the petitioner was granted time to the petitioner failed to pay the Learned counsel further submits that vide order dated 13.05.2025, the petitioner was asked to pay the remaining amount of on the next date of hearing i.e. 22.05.2025. Learned counsel petitioner moved the present petition before this Court for in order to satisfy the award and pay the MANISHA 2025.05.20 17:06 I attest to the accuracy and authenticiy of this order/judgment CRM-M-27675 entire outstanding amount in terms of the settlement to respondent No.1. Learned counsel for the petitioner further relies upon the medical report (Annexure P-5) and submits that could not arrange the funds and he is ready to compensate respondent No.1 on account of delay as initially 31.03.2025. The petitioner by 30.08.2025 and is ready to deposit Rs.1,00,000/ remaining balance amount to the tune of Rs.7, 6. Having heard learned counsel for the the record with his able assistance limine to save judicial time as well as litigation cost that would be incurred by the respondent No.1 7. Keeping in view the limited prayer made by the petitio present petition is disposed of Judge, Panchkula to grant the petitioner 30.08.2025 and adjourn the matter beyond 30.08.2025. 8. It is made clear that in case, the undertaking of paying an amount of Rs.8,92,750/ the appeal pending before learned Additional Sessions Judge, Panchkula ordered to be decided on merits in accordance with law. May 20, 2025 manisha (i) (ii) 27675-2025 3 entire outstanding amount in terms of the settlement to respondent No.1. Learned counsel for the petitioner further relies upon the medical report 5) and submits that on account of could not arrange the funds and he is ready to compensate respondent No.1 on account of delay as initially, the petitioner was required to pay the amount by . The petitioner undertakes to clear the entire outstanding amount by 30.08.2025 and is ready to deposit Rs.1,00,000/ remaining balance amount to the tune of Rs.7,92 Having heard learned counsel for the the record with his able assistance, the present to save judicial time as well as litigation cost that would be incurred by No.1 Keeping in view the limited prayer made by the petitio present petition is disposed of with a direction to Judge, Panchkula to grant the petitioner, three 30.08.2025 and adjourn the matter beyond 30.08.2025. It is made clear that in case, the petitioner fails to abide by his undertaking of paying an amount of Rs.8,92,750/ pending before learned Additional Sessions Judge, Panchkula ordered to be decided on merits in accordance with law. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable entire outstanding amount in terms of the settlement to respondent No.1. Learned counsel for the petitioner further relies upon the medical report on account of being unwell, the petitioner could not arrange the funds and he is ready to compensate respondent No.1 on the petitioner was required to pay the amount by rtakes to clear the entire outstanding amount by 30.08.2025 and is ready to deposit Rs.1,00,000/- more, over and above the 92,750/-. Having heard learned counsel for the petitioner and after perusing , the present petition is being decided in to save judicial time as well as litigation cost that would be incurred by Keeping in view the limited prayer made by the petitioner, the with a direction to learned Additional Sessions three months more time i.e. till 30.08.2025 and adjourn the matter beyond 30.08.2025. petitioner fails to abide by his undertaking of paying an amount of Rs.8,92,750/- on or before 30.08.2025, pending before learned Additional Sessions Judge, Panchkula is ordered to be decided on merits in accordance with law. HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.20 17:06 I attest to the accuracy and authenticiy of this order/judgment