Punjab-Haryana High Court
M/S Devgan Medical Agencies And Another vs State Of Punjab And Another on 26 April, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:057273
CRM-M-20859 of 2024 1
2024:PHHC: 057273
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-20859 of 2024 (O&M)
Date of Decision: 26.04.2024
M/s Devgan Medical Agencies & Anr.
...Petitioners
Versus
State of Punjab & Anr.
...Respondents
CORAM :HON'BLE MR. JUSTICE KARAMJIT SINGH
Present:- Mr.Vivek Salathia, Advocate
For the petitioners.
***
KARAMJIT SINGH, J.
1. The present petition under Section 482 Cr.P.C. has been filed
for setting aside of order dated 22.02.2024 (Annexure P-3) passed by the
Court of Additional Sessions Judge, Amritsar in CRA-52/2024 titled as M/s
Devgun Medical Agencies Vs. Raghav Khanna etc. whereby the sentence of
the petitioners under Section 138 of Negotiable Instruments Act has been
suspended subject to the condition to deposit 20% amount of the
compensation awarded by the trial Court, by 22.04.2024.
2. The counsel for the petitioners submits that respondent No.2
filed criminal complaint under Section 138 of NI Act against the petitioners
wherein on conclusion of trial, the petitioners were convicted and sentenced
to R.I. for a period of one year and further to pay compensation of
Rs.5,00,000/- under Section 138 NI Act vide judgment and order dated
30.01.2024 by the Court of Judicial Magistrate Ist Class, Amritsar. Being
aggrieved, petitioners have preferred appeal against the said judgment and
order and the Appellate Court vide order dated 22.02.2024 has admitted the
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appeal and also disposed of application seeking suspension of sentence with
direction to the petitioners to deposit 20% of the amount of compensation
awarded by the learned trial Court, as per provisions contained in Section
148 of the NI Act.
3. Learned counsel for the petitioners further contends that the
learned lower Appellate Court failed to appreciate the facts in the right
perspective and imposed the condition to deposit 20% of the compensation
in a mechanical manner, without assigning any reasons 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(Crl.) Nos.
4927 of 2023 Jamboo Bhandari vs. M.P. State Industrial Development
Corporation Ltd. and others, decided on 04.09.2023, wherein it was
observed as follows:-
"6. What is held by this Court is that a purposive interpretation
should be made of Section 148 of the N.I. 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 petitioner who has been convicted for
offence under Section 138 of the N.I. 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, if the Appellate
Court comes to the conclusion that it is an exceptional case, the
reasons for coming to the said 4 conclusion must be recorded."
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4. I have heard the counsel for the petitioners and gone through
the impugned order and the case law referred by counsel for the petitioners
and is of the view that the impugned order dated 22.02.2024 to the extent
whereby petitioners are directed to deposit 20% of the compensation amount
awarded by trial Court is not passed by the Appellate Court in accordance
with the afore-stated settled position of law. While passing the said
direction, the Appellate Court has not referred to the ratio laid down by
Hon'ble Supreme Court in Jamboo Bhandari's case (supra) and no reason is
given by the said Court while issuing aforesaid directions.
5. For the foregoing reason, the impugned order dated 22.02.2024
to the extent whereby the condition of depositing of 20% of compensation
amount awarded by the trial Court has been imposed for the purpose of
suspension of sentence, is hereby set aside. The Appellate Court is directed
to re-consider the same after giving opportunity of hearing to the petitioners
and then to pass appropriate order in accordance with the law laid down in
Jamboo Bhandari's case (supra) and till then not to take any coercive action
against the petitioners. The petitioners are directed to appear before the
Appellate Court on the next date fixed in the appeal.
6. Keeping in view the nature of order being passed, no notice is
required to be issued to the respondents. However, if they feel dis-satisfied
with this order, they may move an application to recall the same.
(KARAMJIT SINGH )
26.04.2024 JUDGE
Jiten
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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