JAIVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) At the outset, learned counsel for the petitioner contends that since the order dtd. 7/8/2023 (P-1), whereby, while awarding sentence, a compensation amount of Rs.1,50,000.00 has been directed to be paid to the complainant as compensation, and the same is already pending before the lower Appellate Court, he need not press the said prayer before this Court.

(2.) Prayer in the present petition filed under Sec. 528 of BNSS, 2023, is for quashing of the impugned order dtd. 6/9/2023 (Annexure P3), passed by learned Additional Sessions Judge, Jind, in Criminal Appeal No.CRA/207/2023, titled as Jaivinder v. Deepak Kumar', whereby, learned Court directed the petitioner to deposit 20% of the compensation amount either in the shape of FDR or in the Court within 60 days from the date of passing of impugned order.

(3.) Learned counsel for the petitioner has stated that petitioner was prosecuted in a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, the Act') and he was convicted by learned Sub Divisional Judicial Magistrate, Narwana, under Sec. 138 of the Act, vide judgment dtd. 7/8/2023 (P-1) and sentenced to undergo simple imprisonment for a period of one year and was also ordered to pay compensation of Rs.1,50,000.00 (Rupees One Lac and Fifty Thousand only) to the complainant (respondent No.2 herein).