Dismissed

Saga Automative India Pvt. Ltd. v. Harmeet Singh Anand S/O Shri Gyan Singh Anand

Rajasthan HC2 Dec 2020CRLMP/1124/2020

Case brief

AI extract

What is this about?

This criminal miscellaneous petition challenged an appellate order requiring 20% deposit of compensation to suspend sentence. The High Court dismissed the plea for modification, holding it devoid of merit due to lack of sufficient reason for non-compliance.

What did the court decide?

The petition seeking modification or extra time for depositing compensation was dismissed.

Saga Automative India Pvt. Ltd. Vs Harmeet Singh Anand… — Cheque Dishonour | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1124/2020

¶3

Saga Automative India Pvt. Ltd, V.K.I. Area 114 (A & E), Road No.8, Jaipur.

¶4

Sanjay Maheshwari, Authorized Signatory/director, Saga Automoative India Pvt. Ltd., V.K.I. Area 114 (A & E), Road No.8, Jaipur, R/o 229, Ayodha Path, Pratap Nagar, Khatipura Road, Jaipur.

¶5

----Petitioners

¶6

Versus

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Harmeet Singh Anand S/o Shri Gyan Singh Anand, Proprietor Harmeet Medicos, 1-Ka-2, Vigyan Nagar, Kota, Raj.

¶8

----Respondent

¶9

For Petitioner(s) : Mr. Rohan Jain, through V.C. For Respondent(s) : Mr. Pradeep Mathur, through V.C.

¶10

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

¶11

Order

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02/12/2020

¶13

Heard learned counsel for both the parties.

¶14

It has been submitted by learned counsel for the petitioners that learned Special Judicial Magistrate vide order dated 11.12.2019 has convicted the petitioners under Section 138 of Negotiable Instruments Act and sentenced him for two years simple imprisonment and fine/ compensation of Rs.80,00,000/under the provisions of Section 357(3) of Cr.P.C. Aggrieved by the judgment and conviction dated 11.12.2019, the petitioners preferred regular criminal appeal before learned District and Sessions Judge, Kota, which was transferred to learned Special Judge for final adjudication.

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[CRLMP-1124/2020]

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(2 of 2)

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Learned Appellate Court vide order dated 09.01.2020 ordered that the petitioners in terms of Section 148 of N.I. Act will submit/ deposit 20% amount of the compensation awarded by the learned Court below (16,00,000/-) within 60 days from the passing of the order.

¶18

It has been submitted that due to lockdown and economic hardship 20% part of compensation could not be deposited as per the order within the prescribed time, hence, it is prayed that this order may be modified and either the amount may be reduced by 50% or extra time be allowed to the petitioners to deposit the entire amount as directed by the Appellate Court.

¶19

Learned counsel for the respondent has opposed the petition and submits that petitioners have failed to comply with the order of the Appellate Court, hence the petition be dismissed.

¶20

Perused the impugned order dated 09.01.2020. The Appellate Court directed the petitioner to deposit Rs.16,00,000/in the trial court within 60 days for suspension of sentence. This direction has been passed in accordance with 148 of N.I. Act. Petitioners have failed to comply with the directions. There is no sufficient reason for non-compliance of the order of Appellate Court dated 09.01.2020.

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In view of the above facts and circumstances of the case, the petition is dismissed, as devoid of any merit.

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(MANOJ KUMAR VYAS),J

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Aks/-15

Saga Automative India Pvt. Ltd. v. Harmeet Singh Anand S/O Shri Gyan Singh Anand

Case brief

What is this about?

What did the court decide?

Saga Automative India Pvt. Ltd. v. Harmeet Singh Anand S/O Shri Gyan Singh Anand

Case brief

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What did the court decide?

What the court decided

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