Punjab-Haryana High Court
Mohit vs Sandeep Kumar And Ors. on 28 April, 2026
CRM-M-16386-2026 (O&M) 1 135 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16386-2026 (O&M) DECIDED ON: 28.04.2026 MOHIT vee PETITIONER VERSUS SANDEEP KUMAR AND ORS. eosee RESPONDENTS CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU Present: Mr. Nitin Sharma, Advocate, Mr. Vinod Sharma and Mr. Manan Sharma, Advocates for the petitioner. MANDEEP PANNU, J (ORAL)
1. The present petition has been filed by the petitioner against the impugned order dated 31.10.2025 passed by learned Addl. Sessions Judge, Bhiwani in case titled 'Mohit and Another vs. Sandeep Kumar' in CRA/650/2025. By virtue of above mentioned order the application for suspension of sentence, moved by the petitioner, has been allowed and the sentence awarded to the petitioner has been suspended. However the order of suspension of sentence is subject to the condition of deposit of 20% of the fine/compensation imposed by learned trial Court.
2. In nut-shell the facts emerging from record are that the petitioner faced a trial in a complaint case titled as 'Sandeep Kumar vs. Mohit and others' for the commission of offence punishable under Section 138 of Negotiable Instrument Act 1881 and the abovementioned trial culminated into conviction of the petitioner. Accordingly, the learned trial POONAM NEGI 2026.04.29 18:12 I attest to the accuracy and integrity of this document CRM-M-16386-2026 (O&M) 2 Court sentenced the petitioner to undergo simple imprisonment for a period of 06 months, pay compensation to the tune of Rs.20,00,000/- (cheque amount Rs.15,00,000/- + Rs.5,00,000/-) to the complainant.
3. Aggrieved by the aforementioned order, the petitioner preferred an appeal before the Court of Sessions. The learned Appellate Court, vide the impugned order, suspended the sentence awarded to the petitioner, subject to the condition that, in terms of Section 148 of the Negotiable Instruments (Amendment) Act, 2018, the petitioner shall deposit an amount equivalent to 20% of the compensation within a period of 60 days. Aggrieved against the said impugned order, the present petition has been preferred.
4. The learned counsel for the petitioner contends that the learned Appellate Court, while imposing the above-mentioned condition, did not give any opportunity to the petitioner to explain his hardship and that without giving an opportunity of being heard, the abovementioned harsh condition has been imposed. According to learned counsel for the petitioner, the learned Appellate Court has failed to appreciate that the learned trial Court has committed a grave error when it convicted the petitioner and directed him to pay compensation of Rs.20,00,000/-, which in no way can be termed to be justified. He further submits that although the learned Appellate Court has taken note of Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. and others, 2023 (10) SCC 446, the said judgment has not been duly considered in its proper perspective.
5. While referring to the principles of law laid down by the Hon'ble Supreme Court in a case of Jamboo Bhandari's case (supra), learned counsel for the petitioner has contended that the learned Appellate POONAM NEGI 2026.04.29 18:12 I attest to the accuracy and integrity of this document CRM-M-16386-2026 (O&M) 3 Court was duty bound to give an opportunity to the petitioner to explain the circumstances and pass a reasonable order with regard to deposit of compensation or any part thereof. According to learned counsel for the petitioner, since an opportunity of being heard was not afforded to the petitioner, by the learned Appellate Court, the instant case may be remanded back to the learned Appellate Court for passing a fresh order after hearing the petitioner.
6. Mr. V.P. Sangwan, Advocate has put in appearance on behalf of respondent No.1 and filed his Power of Attorney, which is taken on record. He submits that the learned Appellate Court has rightly imposed the condition in question after due consideration of the facts and circumstances of the case as well as the judgment rendered in Jamboo Bhandari's case (supra).
7. Heard learned counsel for the parties and perused the record of the case file.
8. A perusal of the impugned order passed by the learned lower Appellate Court reveals that while directing the appellant-convict to deposit 20% of the compensation amount awarded by the trial Court by invoking the provisions of Section 148 of the Negotiable Instruments Act, the Court has merely observed that the present matter is an "exceptional case", however, no specific reasons have been assigned as to what exceptional circumstances warranted such direction. Though reliance has been placed upon the judgment of the Hon'ble Supreme Court in Jamboo Bhandari's case (supra), the ratio laid down therein appears not to have been properly appreciated, wherein it has been categorically held that while considering suspension of sentence and directing deposit under Section 148 of the N.I. POONAM NEGI 2026.04.29 18:12 I attest to the accuracy and integrity of this document CRM-M-16386-2026 (O&M) 4 Act, the Appellate Court is required to pass a reasoned and speaking order after considering the facts and circumstances of each case. In the present case, the impugned order reflects no such consideration and lacks reasons justifying the direction to deposit 20% of the compensation amount.
9. Consequently, the impugned order to the aforesaid extent cannot be sustained. The matter is, therefore, remanded to the learned lower Appellate Court for fresh consideration on the issue of imposition of condition regarding deposit of 20% of the compensation amount under Section 148 of the Negotiable Instruments Act, in accordance with law and in the light of the principles laid down in Jamboo Bhandari's case (supra), by passing a fresh, reasoned and speaking order.
10. The petition is disposed of accordingly.
11. All pending miscellaneous application(s), if any, stands disposed of.
(MANDEEP PANNU) 28.04.2026 JUDGE Poonam Negi Whether speaking/reasoned Yes/No Whether reportable Yes/No POONAM NEGI 2026.04.29 18:12 I attest to the accuracy and integrity of this document