Dismissed¶12

Sanjeev v. Lal Singh and Anr.

Punjab & Haryana HC15 Jul 2025CRM-M/13968/2025

Case brief

AI extract

What is this about?

CRM-M-13968-2025; Punjab and Haryana High Court; Sandeep Moudgil J.; Section 528 BNSS 2023; Section 148 Negotiable Instruments Act; waiver of 20% compensation deposit; cheque dishonour appeal; Jamboo Bhandari v. M.P. SIDC (04.09.2023); dismissal as withdrawn with liberty; Additional Sessions Judge Bhiwani order dated 14.10.2024; liberty to approach High Court again.

What did the court decide?

Liberty to withdraw and to move an appropriate application before the lower Appellate Court seeking waiver of the 20% compensation deposit under Section 148 of the Negotiable Instruments Act, to be adjudicated afresh in light of Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. & Ors.; further liberty to approach this Court again if the waiver application is dismissed. ¶12

Sanjeev Vs Lal Singh and Anr. — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

¶12

Issue for consideration

Whether the order dated 14.10.2024 passed by the Additional Sessions Judge, Bhiwani directing the petitioner to pay 20% of the compensation amount (as stipulated under Section 148 of the Negotiable Instruments Act) should be set aside / the deposit condition waived.

¶10

Court's answer

Petition dismissed as withdrawn with liberty to the petitioner to move an appropriate application before the lower Appellate Court, with reasons/grounds for waiver of the 20% compensation deposit under Section 148 of the Negotiable Instruments Act, which shall adjudicate afresh in the light of Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. & Ors. (decided on 04.09.2023).

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Ratio / Principle

In case the Lower Appellate Court dismisses the application for waiver of the condition, the petitioner would be at liberty to approach this Court again on that cause of action.

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Detailed headnote1 paragraphs

Criminal miscellaneous petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the order dated 14.10.2024 (Annexure P-5) of the Additional Sessions Judge, Bhiwani (Haryana) directing the petitioner to pay 20% of the compensation amount as stipulated under Section 148 of the Negotiable Instruments Act: petition dismissed as withdrawn with liberty to move an appropriate application before the lower Appellate Court for waiver of the 20% deposit condition, which shall adjudicate afresh in the light of Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. & Ors. (decided on 04.09.2023); liberty expressly reserved to the petitioner to approach the High Court again if the waiver application is dismissed by the Lower Appellate Court.

Sanjeev v. Lal Singh and Anr.

Case brief

What is this about?

What did the court decide?

Sanjeev v. Lal Singh and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

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