GULSHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition has been filed against the order dated 25.10.2010 whereby the petitioner has been directed to create bank security of the amount which had been ordered by the trial Court as compensation to be paid to the respondent.

(2.) The dispute relates to the cheque in the amount of Rs. 9 lacs in regard to which respondent No.2 had initiated proceedings against the petitioner under Section 138 of the Negotiable Instruments Act, 1881. The trial Court allowed the complaint and directed compensation of Rs. 9 lacs to be paid by the petitioner to respondent No.2, as noticed above. The petitioner filed an appeal against the said order and having been directed to make a fixed deposit, has approached this Court.

(3.) Counsel for the petitioner has relied upon a judgment of the Hon'ble Supreme Court in Dalip.S.Dahanukar vs Kotak Mahindra Co. Ltd & Anr, 2007 2 RCR(Cri) 636 to urge that once the appeal was admitted for regular hearing, the amount of compensation would automatically remain suspended. He has particularly relied upon paras 43, 46 and 49 of the said judgment.