Punjab-Haryana High Court
Nishan Singh vs State Of Punjab And Anr on 14 March, 2024
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-12973 of 2024
Date of Decision: March 14, 2024
Nishan Singh
......Petitioner
versus
State of Punjab and another
.....Respondents
CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR
***
Present:- Mr. Manpreet Singh Dua, Advocate
for the petitioner
***
Harpreet Singh Brar, J. (Oral)
1. The present petition has been filed under Section 482 Cr.P.C.
seeking setting aside of order dated 10.10.2023 passed by Sessions Judge,
Fazilka (Annexure P-3) passed in Criminal Appeal No. 398 of 2023 dated
10.10.2023 titled as Nishan Singh vs. M/s Khalsa Traders filed by petitioner
against the judgment dated 16.09.2023 passed by the Court of learned Chief
Judicial Magistrate 1st Class, Fazilka in case NACT/710/2018 titled as M/s
Khalsa Traders vs. Nishan Singh to the extent of depositing 20% of the total
compensation amount i.e. Rs. 18,50,000/- as awarded by learned trial Court.
2. Brief facts of the case are that a complaint was filed by respondent
No. 2 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. 120567 dated 04.06.2018 amounting to Rs. 18,50,000/- issued in favour of
respondent No. 2 by the petitioner in discharge of his liability. Respondent No.
2 filed a complaint against the petitioner in which vide order dated 16.09.2023
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passed by Chief Judicial Magistrate, Fazilka, he was sentenced to undergo
simple imprisonment for one year and to pay compensation equal to the amount
of cheque to the complainant as per provisions of Section 357(3) of Cr.P.C.
Thereafter, the petitioner preferred an appeal against the said judgment of
conviction and order of sentence before the learned Sessions Judge, Fazilka.
Vide order dated 10.10.2023, learned Sessions Judge, Fazilka while disposing of
the application for suspension of sentence directed the petitioner to deposit 20%
of compensation amount within two months.
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 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 accused 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
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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."
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 10.10.2023 (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 learned
trial Court.
5. The matter is remanded back to the learned 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)
March 14, 2024 JUDGE
reena
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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