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2025 DAILYLAW 7047 (HP)

BALBIR SINGH v. HARSH BANSAL

CRMP/464/2025 · 2025-02-20

Ranjan Sharma

body2025

Judgment text

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Balbir Singh versus Harsh Bansal Criminal Revision No.38 of 2025 20.02.2025 Present: Mr. Servedaman Rathore, Advocate, for the petitioner. Mr. Dhananjay Sharma, Advocate, for the respondent. Cr.MP No.464 of 2025 Heard. Upon listing of instant application, Mr. Dhananjay Sharma, Advocate, puts in appearance on behalf of respondent-complainant [Harsh Bansal]. 2. Instant application has been filed by petitioner [Balbir Singh], with prayer that no coercive action be taken against applicant- petitioner in pursuance to NBWs, issued by the Learned Trial Court i.e. Learned Judicial Magistrate First Class, Nahan, for failure to comply with the orders dated 16.01.2025 passed by Co-ordinate Bench [during winter vacation] directing the petitioner-accused to execute personal and surety bonds and to deposit of 50% compensation amount within six weeks with the further prayer to permit compounding of offence under Section 147 of the Negotiable Instruments Act. 3. Upon hearing, Learned Counsel for petitioner, confines his claim only to the extent that no coercive action be taken on the basis of NBW’s, as the matter stands compromised on 07.02.2025 [Annexure P-1]. He further submits that he may be permitted to pursue claim for compounding under Section 147 of Negotiable Instruments Act in appropriate proceedings afresh hereinafter. 4. Accordingly, this Court proceeds to examine the claim of petitioner with respect to issuance of NBWs due to non-compliance of orders dated 16.01.2025 passed by this Court. It is submitted by Learned Counsel for petitioner that it was due to financial stringency and death of his son and other unforeseen circumstances that the petitioner could not comply with the orders dated 16.01.2025, by furnishing requisite bonds. Application is supported by an affidavit. 5. Learned Counsel for petitioner-accused states that though in terms of the Judgment dated 04.10.2023 passed by learned Trial Court which was affirmed on 29.10.2024 by Learned Appellate Court, the petitioner was sentenced with liability of Rs.1,60,000/- [Rupees One Lakh Sixty Thousand] but now, the parties herein have amicably resolved/settled the claim by way of a Compromise Deed dated 07.02.2025 [Annexure P-1]. 6. Taking into account entirety of facts and circumstances and the fact that non- compliance of orders dated 16.01.2025 passed by this Court, was bonafide and unintentional [for reasons detailed above] and the fact that parties herein have compromised the matter on 07.02.2025 [Annexure P-1 with Cr.MP], therefore, this Court permits the petitioner to execute the personal bond and surety bond, in terms of the order dated 16.01.2025, passed by this Court, in pending Criminal Revision, within three weeks from today and not later than 15.03.2025. 7. Accordingly, in view of the orders, passed today, this Court, directs that pursuant to issuance of NBWs, no coercive action be taken against the petitioner-accused [Balbir Singh]; for three weeks upto 15.03.2025. Needless to say, that in case of non-compliance of order dated 16.01.2025 and the orders passed today [20.02.2025] by the petitioner upto 15.03.2025; the Trial Court shall be free to proceed against the petitioner thereafter, in accordance with law. Application stands disposed of. (Ranjan Sharma) February 20, 2025 Vacation Judge (Shivender)