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High Court of Punjab and Haryana · body

2025 DAILYLAW 76219 (PNJ)

SHAMBHU KUMAR v. PAWAN SAYAL

CRM-M/36786/2025 · 2025-07-15

Sandeep Moudgil

body2025

Judgment text

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125 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36786-2025 Date of Decision:15.07.2025 SHAMBHU KUMAR ...Petitioner Vs. PAWAN SAYAL ...Respondent CORAM:- HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. B.R. Rana, Advocate for the petitioner. SANDEEP MOUDGIL , J. (Oral) The jurisdiction of this Court has been invoked under Section 528 BNSS for quashing of order dated 02.06.2025 passed by Learned Additional Sessions Judge, Ludhiana, whereby Learned Additional Sessions Judge, Ludhiana has directed the petitioner-accused to deposit 20% of the compensation amount (Rs.15,00,000/-) awarded by trial court within a period of 60 days from the date order i.e. 02.06.2025 as compensation. 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 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 Dismissed as withdrawn with liberty aforesaid.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) JUDGE 15.07.2025 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2025.07.17 12:38 I attest to the accuracy and integrity of this document Chandigarh