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CRM-M-32117-2025 1 128
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-32117-2025 Date of decision : 09.07.2025 Amarjit Singh .....Petitioner versus Gurdeep Singh and another ....Respondents
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Ms. Riffi Birla, Advocate for the petitioner (through V.C.).
RAJESH BHARDWAJ, J. (Oral)
1. Prayer in the present petition has been made for quashing of
order dated 11.11.2024 (Annexure P-2) passed by learned Judicial Magistrate Ist Class, Sardulgarh, in complaint case No.NACT/145/2019 titled as ‘Gurdeep Singh Vs. Amarjit Singh’ in which non-bailable warrants of arrest were issued against the petitioner for non-payment of 20% of the compensation amount.
2. It has been submitted by learned counsel for the petitioner that sentence of the petitioner was suspended by the learned Appellate Court with the condition of depositing 20% of the compensation amount within a period of 01 month vide its order dated 08.11.2024. However, without affording the petitioner an opportunity of paying 20% of compensation amount within a period of 01 month, non-bailable warrants of arrest were issued against the petitioner vide order dated 11.11.2024. She thus, submits that the impugned order is unsustainable in the eyes of law and deserves to be set aside.
3. Notice of motion to official respondent only.
POOJA SHARMA 2025.07.11 18:04 I attest to the accuracy and integrity of this document
CRM-M-32117-2025 2
4. On asking of the Court, Mr. J.S. Arora, D.A.G., Punjab accepts notice on behalf of the respondent No.2-State. He has opposed the
submissions made by learned counsel for the petitioner.
5. After hearing counsel for the petitioner and perusing the record, it is apparent that sentence of the petitioner was suspended by the learned Appellate Court on 08.11.2024 by granting one month time for depositing 20% of the compensation amount but thereafter, due to non- compliance of order dated 08.11.2024, non-bailable warrants of arrest were issued against him vide order dated 11.11.2024. Now the petitioner is keen and ready to join the proceedings and to comply with order dated
08.11.2024. So keeping in view the above said fact, the present petition stands disposed of and the impugned order dated 11.11.2024, is hereby quashed. In case, the petitioner appears and surrenders before the Court concerned within a period of 10 days from today and files an application for bail, the Court concerned is directed to admit him to bail subject to its satisfaction and proceed in accordance with law. He will have protection from arrest for a period of 10 days from today.
6. Needless to say that in case the petitioner fails to comply with the abovesaid direction, he will have no benefit of abovesaid protection granted by this Court and order challenge dated 11.11.2024 would come in force and the present petition shall be deemed to have been dismissed.
( RAJESH BHARDWAJ ) 09.07.2025 JUDGE ps-I Whether speaking/reasoned : Yes/No Whether reportable : Yes/No POOJA SHARMA 2025.07.11 18:04 I attest to the accuracy and integrity of this document