Disposed

M/S Om Parkash Sushil Kumar Thr Its Proprietor v. Satish Kumar Girdhar

Punjab & Haryana HC27 Sept 2024CRM-A/544/2018

Case brief

AI extract

What is this about?

Application for leave to appeal against an acquittal in a cheque-dishonour matter. Mediation failed as parties did not appear. The court granted leave to appeal and admitted the main appeal, exempting the respondent from furnishing bail bonds on his undertaking to surrender if directed or upon reversal.

What did the court decide?

Leave to appeal granted; appeal admitted for hearing in its turn; respondent exempted from furnishing bail bonds on undertaking to surrender if required.

M/S Om Parkash Sushil Kumar Thr Its Proprietor Vs… — Cheque Dishonour | Punjab & Haryana HC (2024)

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��

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CRM-A-544-MA-2018

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223 CRM-A-544-MA-2018

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M/s Om Parkash Sushil Kumar through Its Proprietor Vs.

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Satish Kumar Girdhar

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Present: Mr. Ashwani Bhardwaj, Advocate for the applicant.

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Ms. Mansukh, Advocate for Mr. P.S. Jammu, Advocate for the respondent.

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CRM-A-544-2018

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On 24.04.2024, on request of counsel for the parties, matter was referred to Mediation and Conciliation Centre of this Court. As per report received from the Mediator, none of the parties have appeared before the Mediator.

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Applicant’s counsel submits that the present application was filed against acquittal in the year 2017 and he has a very good case on merit.

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Counsel appearing for the respondent submits that the judgment of acquittal is well reasoned and leave to appeal should not be granted. He further submits that in case, this Court grants leave to appeal and admit the main appeal, its turn will not come for hearing for decades, as such pendency of the appeal may be treated in-consequential for the respondent.

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Leave to appeal granted.

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Counsel for the respondent submits that he be exempted from furnishing bail bonds/surety bonds before the concerned trial Court or Chief Judicial Magistate. He undertakes to surrender before the majesty of Court as and when this Court directed to do so or in case of reversal of the judgment.

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Given such undertaking, there shall be no need to furnish bail bonds/surety bonds by the respondent.

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Main appeal

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Admit.

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List for final hearing on its own turn as per its queue following the roster of Negotiable Instruments Act.

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It is clarified that the pendency of this appeal shall be in-consequential for

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any purpose.

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Liberty reserved to both the parties to file an application for sending the matter before the Mediation and Conciliation Centre of this Court.

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(ANOOP CHITKARA)

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27.09.2024/ anju rani

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JUDGE

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ANJU RANI 2024.09.30 16:32 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

M/S Om Parkash Sushil Kumar Thr Its Proprietor v. Satish Kumar Girdhar

Case brief

What is this about?

What did the court decide?

M/S Om Parkash Sushil Kumar Thr Its Proprietor v. Satish Kumar Girdhar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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