Punjab-Haryana High Court
M/S J.S. Builders vs Shri Ram Finance Ltd on 12 March, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:035111
CRM-M-12524 of 2024 1
2024:PHHC: 035111
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-12524 of 2024(O&M)
Date of Decision: 12.03.2024
M/s J.S. Builders
...Petitioner
Versus
Shri Ram Finance Ltd.
...Respondent
CORAM :HON'BLE MR. JUSTICE KARAMJIT SINGH
Present:- Mr.Parminder Singh, Advocate
For the petitioner.
***
KARAMJIT SINGH, J.
1. The present petition under Section 482 Cr.P.C. has been filed
for setting aside of order dated 03.01.2024 (Annexure P-4) passed by the
Court of learned Additional Sessions Judge, Chandigarh in CRA-13/2024
titled as M/s J.S. Builders through its proprietor Vs. Shri Ram Finance
Limited whereby the sentence of the petitioner under Section 138 of
Negotiable Instruments Act has been suspended subject to the condition to
pay 20% amount of the compensation amount awarded by the trial Court.
2. The counsel for the petitioner submits that respondent filed
criminal complaint under Section 138 of NI Act against the petitioner
wherein on conclusion of trial, the petitioner was convicted and sentenced to
R.I. for a period of 02 years and to pay compensation worth Rs.25,00,000/-
under Section 138 NI Act vide judgment and order dated 28.11.2023 by the
Court of Judicial Magistrate Ist Class, Chandigarh. Being aggrieved,
petitioner has preferred appeal against the said judgment and order and the
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Appellate Court vide order dated 03.01.2024 (Annexure P-4) has admitted
the appeal and also disposed of application seeking suspension of sentence
with direction to the petitioner to deposit 20% of the amount of
compensation awarded by the learned trial Court, within 60 days in the
learned trial Court.
3. Learned counsel for the petitioner, inter alia, 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. 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 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
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Court comes to the conclusion that it is an exceptional case, the
reasons for coming to the said 4 conclusion must be recorded."
4. I have heard the counsel for the petitioner and gone through the
impugned order and the case law referred by counsel for the petitioner and is
of the view that the impugned order (Annexure P-4) to the extent whereby
petitioner is 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 direction.
5. In light of the above, the impugned order dated 03.01.2024
(Annexure P-4) 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
petitioner 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 petitioner.
6. Keeping in view the nature of order being passed, no notice is
required to be issued to the respondent. However, if he feels dis-satisfied with
this order, he may move an application to recall the same.
(KARAMJIT SINGH )
12.03.2024 JUDGE
Jiten
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2024:PHHC:035111
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