Shree Balaji Marble vs Kajaria Ceramics Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 764

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Shree Balaji Marble – Appellant
Versus
Kajaria Ceramics Ltd. – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Gagandeep Goel, Advocate

JUDGMENT :

Sumeet Goel, J. (Oral)

The present petition has been preferred by the petitioners impugning the order dated 04.10.2024 (Annexure P-1) passed by the learned Additional Sessions Judge, Chandigarh, to the extent, that the execution of sentence and order appealed against has been suspended qua petitioner No.2 (herein) subject to depositing of 20% of the amount of compensation. The relevant portion of the impugned order reads thus:

"Present: Appellant/convict No.1-Company.

Appellant/convict No.2 in person with counsel Sh. Gagandeep Goel.

Criminal appeal along with an application for suspension of sentence and application seeking stay of recovery of compensation received by entrustment. These be checked and registered.

Heard. As there are arguable points involved in the appeal, it is admitted for hearing.

A perusal of impugned judgment of conviction dated 10.09.2024 and order of sentence of even date reveals that appellant-convict No.2 Toni has been sentenced to undergo rigorous imprisonment for a period of two years and to pay compensation to the tune of the cheques amount i.e. Rs.11,49,946/- to the complainant within period of two months, in default of payment of fine, simple impri