Punjab-Haryana High Court
Bhupinder Singh vs Mamu Ram on 22 December, 2023
REENA
2023:PHHC:165557
125
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-64757 of 2023
Date of Decision: December 22, 2023
Bhupinder Singh
desees Petitioner
versus
Mamu Ram
seve Respondent
CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR
kK
Present:- Ms. Puja Chopra, Advocate and
Mr. Puneet Singh, Advocate
for the petitioner
36 2 2
Harpreet Singh Brar, J. (Oral)
1. The present petition has been filed under Section 482 Cr.P.C. seeking
quashing of order dated 05.09.2023 (Annexure P-L) passed by the learned
Additional Sessions Judge, Kaithal in CRA No. 07 of 2022 registered on
18.01.2022 in NACT/207/2017 dated 28.09.2017 titled as 'Adamu Ram Vs.
Bhupinder Singh' vide which the petitioner has been directed to deposit 20% of the
amount of compensation awarded by the learned trial Court within 60 days from
the date of order and in case of non compliance, the order regarding suspension of
sentence shall be cancelled.
2. Brief facts of the case are that a complaint was filed by respondent
against the petitioner under Sections 138 of the Negotiable Instruments Act, 1881
(for short 'the Act') on the ground of dishonouring of cheque bearing No. 000048
dated 14.08.2017 amounting to Rs. 6,60,000/- issued in favour of the respondent
by the petitioner in discharge of his lability. The respondent filed a complaint
against the petitioner in which vide order dated 15.12.2021, he was sentenced to
undergo simple imprisonment for one year and was further directed to pay double
2023.12.22 18:46
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the cheque amount as compensation and in default thereof, to further undergo
simple imprisonment for three months. Thereafter, the petitioner preferred an
appeal against the said judgment of conviction and order of sentence before the
learned Additional Sessions Judge, Kaithal. The learned Appellate Court vide order
dated 19.01.2022, suspended the sentence of the petitioner subject to furnishing of
bail bonds in the sum of Rs. 30,000/- with one surety in the like amount to its
satisfaction. Vide order dated 05.09.2023, learned Additional District Judge,
Kaithal directed the petitioner to deposit 20% of compensation amount awarded by
the trial Court within 60 days from the date of order and in case of non compliance,
the order regarding suspension of sentence shall be cancelled.
3. Learned counsel for the petitioner inter alia contends that the learned
lower Appellate Court failed to appreciate the facts im the right perspective and
imposed the condition to deposit 20% of the compensation and such a condition is
illegal, arbitrary and in violation of the law as laid down by the Hon'ble Supreme
Court in Criminal Appeal Nos.2741 of 2023 (@ SLPCCri)} Nos. 4927 of 2023
Jamboo Bhandari vs. MP. State Industrial Development Corporation Lid. and
others, decided on 04.09.2023. Speaking through Justice Abhay S. Oka, it has been
held as follows:-
"6. What is held by this Court is that a purposive interpretation
should be made of Section 148 of the Nf Act. Hence, normally,
Appellate Court will be justified in imposing the condition of deposit
as provided in Section 148. However, in a case where the Appellate
Court is satisfied that the condition of deposit of 20% will be unjust
ar imposing such a condition will amount to deprivation of the right
of appeal of the appellant, exception can be made for the reasons
specifically recorded.
7, Therefore, when Appellate Court considers the prayer under
REENA
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Section 389 of the Cr.P.C. of an accused who has been convicted for
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offence under Section 138 of the Nf Act, it is always open for the
Appellate Court to consider whether it is an exceptional case which
warrants grant of suspension of sentence without imposing the
condition of deposit of 20% of the fine/compensation amount As
stated earlier, ifthe Appellate Court comes to the conclusion that it is
an exceptional case, the reasons for coming to the said 4 conclusion
must be recorded."
4. Having heard learned counsel for the petitioner and after perusing the
judgment passed in Jamboo Bhandari (supra), the lower Appellate Court was
required to consider whether the present case falls in the exception or not. The
impugned order dated 05.09.2023 (Annexure P-1} whereby, the condition of
depositing 20% of compensation amount awarded has been imposed is hereby set
aside. The learned lower Appellate Court is directed to re-examine the case after
granting an opportunity to the petitioner to make submissions regarding the
exceptional circumstances and decide whether it is an appropriate case that
warrants waiver of the requirement of deposit of 20% of the compensation awarded
by learned trial Court.
5. The matter is remnanded back to the leamed lower Appellate Court
with a direction to decide the matter afresh in accordance with law in the light of
judgment passed by the Hon'ble Supreme Court in Jamboo Bhandari's case
(supra).
6. The petition is disposed of accordingly.
(HARPREET SINGH BRAR)
December 22, 2023 JUDGE
FECRA
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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