Punjab-Haryana High Court
Jaswinder Singh vs Punjab National Bank And Another on 8 November, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:145867
CRM-M-21624-2024 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-21624-2024
Date of decision: 08.11.2024
Jaswinder Singh ...Petitioner
Versus
Punjab National Bank and Another ...Respondents
CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
Present: Mr. Dinesh Kumar, Advocate for the petitioner.
Mr. Arvind Rajotia, Advocate
for respondent No.1-PNB.
****
KARAMJIT SINGH, J. (ORAL)
1. The present petition has been filed by the petitioner/accused
seeking quashing of dated 05.03.2024 Annexure P-2 passed in Criminal
Appeal No.131/2024 titled Jaswinder Singh Vs. Punjab National Bank and
another, to the extent whereby the Court of Additional Sessions Judge,
Sangrur directed the petitioner to deposit 20% of the total amount of
compensation awarded by the trial Court, as per provisions of Section 148
NI Act within a period of 60 days and in case of non compliance, the order
of suspension of sentence shall automatically stands vacated in the light of
judgment of the Hon'ble Supreme Court in case of Surinder Singh Deswal
@ Col. S.S. Deswal Vs. Virender Gandhi.
2. The counsel for the petitioner submits that respondent No.1
filed criminal complaint under Section 138 of NI Act against the petitioner
wherein on conclusion of trial, the petitioner was convicted and sentenced to
1 of 3
Neutral Citation No:=2024:PHHC:145867
CRM-M-21624-2024 [2]
RI for a period of two years and to pay compensation of Rs.12,00,000/-
under Section 138 NI Act vide judgment and order dated 15.02.2024 by the
Court of Judicial Magistrate Ist Class, Sangrur. Being aggrieved, petitioner
has preferred appeal against the said judgment and order and the Appellate
Court vide order dated 05.03.2024 entertained the appeal and suspended the
sentence of the petitioner during pendency of the appeal, subject to aforesaid
deposit.
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, 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."
2 of 3
Neutral Citation No:=2024:PHHC:145867
CRM-M-21624-2024 [3]
4. I have heard the counsel for the parties 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 dated 05.03.2024 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.
5. For the foregoing reasons, the impugned order dated 05.03.2024
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 parties and
then to pass appropriate order in accordance with the law laid down in
Jamboo Bhandari's case (supra) within a period of next two months of the
date already fixed in the appeal and till then not to take any coercive action
against the petitioner. The parties are directed to appear before the Appellate
Court on the next date fixed in the appeal.
08.11.2024 (KARAMJIT SINGH)
Yogesh JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
3 of 3
