Punjab-Haryana High Court
Jasbir Bhullar vs M/S Shree Ganesh Steels on 22 December, 2023
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2023:PHHC:165628
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-64874 of 2023
Date of Decision: December 22, 2023
Jasbir Bhullar
desees Petitioner
versus
M/s Shree Ganesh Steelss, near Jagdambey Paper Mill, Begu Road, Sirsa
seve Respondent
CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR
kK
Present:- § Mr. Manvinder Sidhu, Advocate
for the petitioner
36 2 2
Harpreet Singh Brar, J. (Oral)
1. The present petition under Section 482 Cr.P.C. seeking setting aside of
order dated 01.07.2023 (Annexure P-3} passed by the learned Additional Sessions
Judge, Sirsa vide which the petitioner is directed to deposit 20% of the total
compensation amount awarded by the learned trial Court ie. 20% of Ks.
14,80,000/- within two months failing which warrants of arrest be issued against
the petitioner.
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 cheques bearing No. 006257
dated 30.01.2020 amounting to Rs. 1,40,000/- and cheque bearing No. 006266
dated 30.01.2020 amounting to Rs. 6,00,000/- issued in favour of the respondent
by the petitioner in discharge of his liability. The respondent filed a complaint
against the petitioner in which vide order dated 19.05.2023 passed by Judicial
Magistrate 1° Class, Sirsa, he was sentenced to undergo simple imprisonment for
one year and also awarded compensation to the tune of Rs. 14,80,000/- in favour of
2023.12.23 10:35
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Cri. Misc. No. M-64874 of 2023 ~2m
respondent. § Thereafter, the petitioner preferred an appeal against the said
judgment of conviction and order of sentence before the learned Sessions Judge,
Sirsa. Vide order dated 01.07.2023, learned Additional Sessions Judge while
disposing of the application for suspension of sentence directed the petitioner to
deposit 20% of total compensation amount within two months from the date of
order.
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 (@ SLP(Cri) Nos. 4927 of 2023
Jamboo Bhandari vs. MP. State Industrial Development Corporation Lid. and
athers, decided on 04.09.2023. Speaking through Justice Abhay 5. Oka, it has been
held as follows:-
"8. What is held by this Court ts 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
or 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
Section 389 of the Cr_.P.C. of an accused who has been convicted for
offence under Section 138 of the NLL. 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
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stated earlier, if the Appellate Court comes to the conclusion that it is
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Cri. Misc. No. M-64874 of 2023 = j=
an exceptional case, the reasons for coming to the said 4 conclusion
must he 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 01.07.2023 (Annexure P-3} 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 a fit case that warrants waiver
of the requirement of deposit of 20% of the compensation awarded by leamed trial
Court.
5. The matter is remanded 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
reend
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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