Disposed

Darshan Singh v. Hdfc Bank and Another

Punjab & Haryana HC5 Nov 2020CRM-M/13646/2020

Case brief

AI extract

What is this about?

Petitioner approached High Court challenging revocation of suspended sentence in a cheque dishonour case. Court directed petitioner to deposit balance compensation before appellate court within one week, after which sentence shall not be further suspended and bail released.

What did the court decide?

Direction to deposit balance amount within one week; stay of further sentence suspension; direction to release petitioner on bail after deposit.

Darshan Singh Vs Hdfc Bank and Another — Cheque Dishonour | Punjab & Haryana HC (2020)

¶1

In the High Court for the States of Punjab and Haryana At Chandigarh

¶2

CRM-M-13646-2020 (O&M) Date of Decision:-5.11.2020

¶3

Darshan Singh … Petitioner

¶4

Versus

¶5

HDFC Bank and another

¶6

... Respondents

¶7

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

¶8

Present:Mr. Vikas Singh, Advocate for the petitioner.

¶9

Mr. Saurabh Bhardwaj, Advocate for respondent No.1. Mr. Karan Sharma, AAG, Haryana. (proceedings conducted through video conferencing)

¶10

¶11

GURVINDER SINGH GILL, J .(Oral)

¶12

The petitioner has approached this Court challenging order dated 7.3.2020 (Annexure P-5) passed by learned Additional Sessions Judge, Kurukshetra vide which the learned lower Appellate Court has revoked the order suspending the sentence of the petitioner, which had earlier been suspended during pendency of the appeal.

¶13

The petitioner had been convicted for an offence under Section 138 of Negotiable Instruments Act.

¶14

The petitioner challenged the same by way of filing an appeal and the learned lower Appellate Court, while suspending the sentence, directed the petitioner to deposit 20% of the compensation amount. Since, the said 20% of the

¶15

PANKAJ KAKKAR 2020.11.05 17:28 I attest to the accuracy and integrity of this document

¶16

( 2 ) CRM-M-13646-2020 (O&M)

¶17

compensation amount was not deposited, the impugned order dated 7.3.2020 (Annexure P-5) came to be passed revoking the order suspending the sentence of the petitioner.

¶18

The learned counsel for the petitioner has submitted that 20% of the compensation amount works out to 12 lakhs and that the petitioner had already deposited an amount of 6 lakhs and has now prepared another draft for the balance amount of `6 lakhs, which he shall deposit before the lower Appellate Court within a period of one week from today. The learned counsel for the petitioner has submitted that the delay in arranging the amount occurred on account of the financial crunch due to the troubled times on account of spread of pandemic COVID-19.

¶19

The learned counsel representing respondent No.1-HDFC Bank has submitted that the bank shall have no objection for deposit of balance amount of `6 lakhs or for suspending the sentence of the petitioner during pendency of the appeal. He has further informed that infact the bank was considering the proposal of compromise and would consider the same compassionately in view of the present times of spread of pandemic COVID-19.

¶20

In view of the aforesaid submissions, the present petition is disposed of with a direction to the petitioner to deposit the balance amount of `6 lakhs before the lower Appellate Court within a period of one week from today, which shall be adjusted towards compliance of order dated 7.12.2019 (Annexure P-4) passed by learned Additional Sessions Judge, Kurukshetra.

¶21

Since it is not disputed that with the deposit of aforesaid amount of 6 lakhs the entire 20% of compensation amount would stand paid as another amount of 6 lakhs already stands paid earlier, the lower Appellate Court shall

¶22

PANKAJ KAKKAR 2020.11.05 17:28 I attest to the accuracy and integrity of this document

¶23

( 3 ) CRM-M-13646-2020 (O&M)

¶24

release the petitioner on bail during pendency of the appeal subject to his furnishing adequate bail bonds/surety bonds to its satisfaction.

¶25

The present petition stands disposed of accordingly.

¶26

5.11.2020

¶27

pankaj Whether speaking /reasoned Yes / No Whether Reportable Yes / No

¶28

( Gurvinder Singh Gill ) Judge

¶29

PANKAJ KAKKAR 2020.11.05 17:28 I attest to the accuracy and integrity of this document

Darshan Singh v. Hdfc Bank and Another

Case brief

What is this about?

What did the court decide?

Darshan Singh v. Hdfc Bank and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Satnam Singh Vs State of Punjab

Kewal Singh and Anr. Vs State of Punjab

Gurmandeep Singh Vs State of Punjab

Dara @ Teeta Vs State of Punjab

Ajay Kumar Vs State of Punjab

Sahood Vs State of Haryana