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2025 DAILYLAW 63287 (PNJ)

RAVI VERMA v. M/S SHIV ALUMINIUM FABRICATORS

CRM-M/29371/2025 · 2025-07-24

Sandeep Moudgil

body2025

Judgment text

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126 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29371-2025 DECIDED ON:24.07.2025 RAVI VERMA .....PETITIONER VERSUS M/S SHIV ALUMINIUM FABRICATORS .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Kushager Goyal, Advocate for the petitioner. SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court has been invoked under section 528 of NSS, 2023 seeking quashing of order dated order dated 04.10.2024 to the extent condition imposed for depositing 20% of compensation amount as per section 148 of NI Act,1881 imposed by Ld. ASJ, Sirsa while suspending the sentence of the Petitioner (Annexure P-5) in CRA NO. 227 of 2024 titled as "Ravi Verma vs M/s SHIV Aluminum Fabricators" arising out of complaint bearing no. NACT-449 of 2020 titled as "M/s Shiv Aluminum Fabricators Vs Ravi Verma", (Annexure P- 1), as the said condition is totally illegal, unjust and against the statutory rights of petitioner. 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 2025.07.28 09:40 I attest to the accuracy and integrity of this document CRM-M-29371-2025 -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 Dismissed as withdrawn with liberty aforesaid.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) 24.07.2025 JUDGE Meenu Whether speaking/reasoned :Yes/No Whether reportable :Yes/No MEENU 2025.07.28 09:40 I attest to the accuracy and integrity of this document