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Seema Gupta vs Vijay Kumar Singla on 24 January, 2023

Bench: Surya Kant, J.K. Maheshwari

                                                                   SLP(Crl) No. 3927/2022 etc.



     ITEM NO.22                           COURT NO.9                  SECTION II-B

                                S U P R E M E C O U R T O F       I N D I A
                                        RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                 No(s).    3927/2022

     (Arising out of impugned final judgment and order dated 20-09-2021
     in CRMM No. 38774/2021 passed by the High Court Of Punjab & Haryana
     At Chandigarh)

     SEEMA GUPTA              ETC.                                     Petitioner(s)

                                                  VERSUS

     VIJAY KUMAR SINGLA                                                Respondent(s)


     ( IA No. 62388/2022 - EXEMPTION FROM FILING O.T.)

     WITH
     SLP(Crl) No. 3950/2022 (II-B)

     (IA No. 62705/2022 - EXEMPTION FROM FILING O.T.)

     Date : 24-01-2023 These matters were called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE SURYA KANT
                          HON'BLE MR. JUSTICE J.K. MAHESHWARI

     For Petitioner(s)               Mr. Hrishikesh Baruah, AOR
                                     Ms. Apoorva Jain, Adv.

     For Respondent(s)               Ms. Gauri Neo Rampal, AOR


                            UPON hearing the counsel the Court made the following
                                                  O R D E R

Applications for exemption are allowed.

The petitioners have been convicted under Section Signature Not Verified Digitally signed by 138 of the Negotiable Instruments Act, 1881 by the learned SONIA BHASIN Date: 2023.01.27 16:36:32 IST Court of Judicial Magistrate First Class, Hisar. Their Reason:

 SLP(Crl) No. 3927/2022 etc. criminal appeal is pending before the learned Additional Sessions Judge, Hisar. It appears that with the introduction of amended provisions of Section 148 of 1881 Act, the Appellate Court directed the petitioners to deposit 20 per cent of the disputed amount as a condition precedent for entertaining their appeal. Petitioners assailed the said order before the High Court. However, vide impugned judgment dated 20th September, 2021, their challenge has been turned down.

This Court vide order dated 19th September, 2022 directed the petitioners to deposit a sum of Rupees Twenty Lakhs before the trial court within four weeks.

In compliance thereto, the petitioners have deposited the amount of Rupees Twenty Lakhs with the trial court, and as confirmed from the learned counsel for the respondent-complainant also.

In this view of the matter, it appears to us that no serious prejudice shall be caused to the parties if the Appellate Court viz. learned Additional Sessions Judge, Hisar is directed to decide the appeal on merits. Ordered accordingly.

It is clarified that we have not expressed any views on the merits of the case and hence, all the contentions to be raised by the parties are left open.

The respondent-complainant shall be at liberty to 2  SLP(Crl) No. 3927/2022 etc. apply for the release of Rupees Twenty Lakhs deposited by the petitioners and let appropriate orders with regard thereto be passed by the learned Additional Sessions Judge in accordance with law.

The special leave petitions are disposed of in above terms.

Pending application(s), if any, shall stand disposed of.

 (SONIA BHASIN)                              (PREETHI T.C.)
COURT MASTER (SH)                          COURT MASTER (NSH)




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