Disposed

Atul Kumar Goel v. M/S Surinder Kumar Krishan Chand

Punjab & Haryana HC29 Aug 2024CRM-M/41440/2024

Case brief

AI extract

What is this about?

This High Court order applied Section 482 Cr.P.C. to dispose of a petition seeking stay on a mandatory 20% deposit requirement under the NIA Act in a cheque dishonour case. The Court requested the Sessions Judge to expedite the appeal and stayed the deposit until 30.09.2024, conditional on no adjournment by the petitioner.

What did the court decide?

Stay of order dated 07.08.2024 and direction to deposit 20% of compensation amount till 30.09.2024, subject to no adjournment by the petitioner.

Atul Kumar Goel Vs M/S Surinder Kumar Krishan Chand — Cheque Dishonour | Punjab & Haryana HC (2024)

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CRM-M-41440-2024

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119 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M No.41440 of 2024(O&M) Date of Decision: 29.08.2024

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Atul Kumar Goel and Another ... Petitioners

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Versus

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M/s. Surinder Kumar Krishan Chand … Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Fateh Saini, Advocate for the petitioners.

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ANOOP CHITKARA, J .

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Criminal	No. 329 of 2016, under Section 138 of the Negotiable Instruments Act.
Complaint
Criminal	CRA/396/2023
Appeal No.	CNR No. HRKU01-008996-2023

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Seeking setting aside of impugned order dated 07.08.2024 passed by the appellate Court, Kurukshetra in criminal appeal cited above whereby application for waiving of 20% of amount in compliance of latest judgment of Hon’ble Supreme Court has been dismissed and also seeking stay of impugned order dated 07.08.2024, the petitioners have come up before this Court under Section 482 Cr.P.C.

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The petitioner is aggrieved by order dated 22.12.2023 vide which the sentence of Director of the Company was suspended subject to deposit of 20% of the compensation amount by the said Director, under Section 148 of NIA, 1881.

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The petitioner’s counsel has drawn attention of this Court to a judgment of Bombay High Court in case titled as “Lyka Labs Limited Vs. State of Maharashtra”, 2023(1) Crimes 523 wherein it has been held that when a cheque was issued by a Company then Director of the said Company cannot be asked to deposit 20% of the cheque.

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Be that as it may, instead of going into the said controversy, the ends of justice would meet if the concerned Sessions Judge is requested to take up the appeal itself for final hearing on priority basis and decide the same on or before 30.09.2024 and till that time, directions to deposit 20% of compensation amount against the petitioner shall remain stayed subject to condition that the petitioner would not seek any adjournment.

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In case the petitioner seeks an adjournment then this order regarding stay on deposit of

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Sonia Puri 2024.08.30 17:00 I attest to the accuracy and integrity of this document

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CRM-M-41440-2024

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20% of compensation amount shall stand recalled automatically without any reference to this Court. In case the petitioner seeks adjournment, then the Court concerned to proceed further in the matter by appointing a legal aid counsel on behalf of the petitioner. Further also, in case complainant-respondent seeks adjournment before the Court concerned then the time for which the matter is adjourned on request of the complainant should be extended beyond 30.09.2024.

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Given above, the present petition is disposed of, with liberty reserved to the petitioner to come to this Court again if need so arises. The Registry as well as the counsel for the petitioner to supply a copy of this order to the concerned Court. All pending application(s), if any, stand disposed of.

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(ANOOP CHITKARA) JUDGE

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29.08.2024 Sonia Puri Whether speaking/reasoned: Yes/No Whether reportable: Yes/No.

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Sonia Puri 2024.08.30 17:00 I attest to the accuracy and integrity of this document

Atul Kumar Goel v. M/S Surinder Kumar Krishan Chand

Case brief

What is this about?

What did the court decide?

Atul Kumar Goel v. M/S Surinder Kumar Krishan Chand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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