Partly allowed

Sukhwinder Singh v. Ritu Bawa

Punjab & Haryana HC10 Sept 2024CRM-M/44666/2024

Case brief

AI extract

What is this about?

The High Court set aside an interim compensation order of 20% of the cheque amount due to lack of reasons, mandating the trial court to re-hear the application. The court directed re-evaluation based on precedent, subjecting the petitioner's appearance to a conditional dismissal for default.

What did the court decide?

Impugned order set aside; trial court directed to re-hear application under Section 143-A of NI Act with parties appearing on 04.10.2024.

Sukhwinder Singh Vs Ritu Bawa — Cheque Dishonour | Punjab & Haryana HC (2024)

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CRM-M No. 44666 of 2024

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122 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M No. 44666 of 2024

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Date of Decision: 10.09.2024

Sukhwinder Singh

...Pe��oner

Versus

Ritu Bawa …Respondent

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Rahul Aggarwal, Advocate for the pe��oner.

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ANOOP CHITKARA, J.

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Criminal Complaint NACT-272-2021 �tled “Ritu Bawa vs Sukhwinder Singh” No.

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Seeking quashing of impugned order dated 18.05.2023 passed by JMIC, SAS Nagar whereby pe��oner has been directed to pay 20% of the cheque amount as interim compensa�on, the pe��oner has come up before this court under sec�on 528 BNSS.

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The nature of order this court proposes to pass, no response is required from the respondent.

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Counsel for the pe��oner has drawn a�en�on of this Court to the impugned order wherein no reasons have been men�oned. While deciding the prayer made under Sec�on 143-A, the Court must record brief reasons in view of the ra�o of judgment of Rakesh Ranjan Shrivastava vs The State of Jharkhand and another, 2024(2) RCR (Criminal) 279 .

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I have also perused the impugned order and there is no reason men�oned as to why the Court has ordered payment of compensa�on of 20% of the cheque amount, as such, impugned order is set aside.

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Jyoti Sharma 2024.09.13 10:03 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

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CRM-M No. 44666 of 2024

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The trial Court is directed to re-hear the applica�on under Sec�on 143-A of NI Act in the light of judgment of Rakesh Ranjan Shrivastava vs The State of Jharkhand and another, 2024(2) RCR (Criminal) 279 . Par�es are directed to appear before the trial Court on 04.10.2024 i.e. the date already fixed. This order is subject to the condi�on that the pe��oner shall appear before the trial Court on 04.10.2024 and if he fails to appear, it shall be deemed to be a delay tac�cs and this order shall automa�cally re-called under Sec�on 403 of BNS r/w 528 of BNS.

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There would be no need for a cer�fied copy of this order, and any Advocate for the Pe��oner can download this order along with case status from the official web page of this Court and a�est it to be a true copy. In case the a�es�ng officer wants to verify the authen�city, such an officer can also verify its authen�city and may download and use the downloaded copy for a�es�ng bonds.

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Pe��on allowed to the extent and subject to the condi�ons men�oned above. All pending applica�ons, if any, stand disposed.

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(ANOOP CHITKARA) JUDGE 10.09.2024 Jyo� Sharma Whether speaking/reasoned: Yes Whether reportable: No.

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Jyoti Sharma 2024.09.13 10:03 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

Sukhwinder Singh v. Ritu Bawa

Case brief

What is this about?

What did the court decide?

Sukhwinder Singh v. Ritu Bawa

Case brief

What is this about?

What did the court decide?

What the court decided

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