Punjab-Haryana High Court
Abdula Poultry Farm And Anr vs M/S S.S Poultry Farm on 18 November, 2024
Author: Rajesh Bhardwaj
Bench: Rajesh Bhardwaj
Neutral Citation No:=2024:PHHC:150040
CRM-M-56849-2024 -1-
132
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-56849-2024
Date of decision : 18.11.2024
Abdula Poultry Farm and another
.....Petitioners
Versus
M/s S.S. Poultry Farm
..... Respondent
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present :- Mr. Vinay Kumar Pandey, Advocate
for the petitioner.
RAJESH BHARDWAJ, J. (Oral)
1. Present petition has been filed for quashing/modification of the
order dated 04.05.2023 (Annexure P-3) and quashing of order dated
30.09.2023 (Annexure P-4) passed by the Ld. Additional Sessions Judge,
Gurugram in CRA No. 291 of 2023 titled as 'Abdula Poultry Farm and
another vs. M/s S.S. Poultry Farm' whereby the sentence of Petitioner No.2
has been suspended subject to the condition that the petitioners shall deposit
20% of compensation/fine amount as per the provisions of the Section 148 of
Negotiable Instruments Act, 1881. Further prayer has been made for staying
the operation of impugned orders dated 04.05.2023 and 30.09.2023 to the
extent of imposing condition of pre-deposit of 20% of compensation amount
during the pendency of said appeal.
2. Learned counsel for the petitioners has stated that petitioner
No.2 was convicted by learned Judicial Magistrate First Class, Gurugram
under Section 138/142 of the Negotiable Instrument Act, 1881 (for
brevity,`the NI Act'), vide judgment dated 03.04.2023 and sentenced to
undergo rigorous imprisonment of 04 months and was ordered to pay
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Neutral Citation No:=2024:PHHC:150040
assailed the order dated 03.04.2023 by filing an appeal before the Court of
learned Additional Sessions Judge at Gurugram, which is admitted for
hearing on merits. Though application for suspension of sentence of
petitioner was allowed, vide Annexure P-3, however, the Appellate Court,
vide impugned order, dated 04.05.2023, ordered the petitioner to pay 20% of
the compensation amount within a period of 60 days. He has submitted that
due to poor financial condition, the petitioner could not comply with the
terms and condition of the order, however, now vide order dated
30.09.2023, his bail/surety bonds have been cancelled. It is further
submitted that impugned order has been passed by the learned Appellate
Court in violation of the law settled by Hon'ble Supreme Court in Jamboo
Bhandari vs M.P. State Industrial Development Corporation Ltd. and
others, 2023 (4) RCR (Criminal) 296, wherein it has been held that 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 NI 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 or not, the reasons for coming to the said conclusion must
be recorded, which is missing in the present case.
3. Heard.
4. Keeping in view the above said facts and the judicial precedent
settled by settled by Hon'ble Apex Court in Jamboo Bhandari's case
(supra), this is apparent that the learned Sessions Judge has not taken into
consideration the case of the petitioner and has not awarded any opportunity
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Neutral Citation No:=2024:PHHC:150040
circumstances, this Court deems it appropriate to dispose of the present
petition without issuance of notice to the complainant as it would amount to
wastage of time of the Court as well as of the parties.
5. The present petition is disposed of. Petitioners are relegated to
approach the learned Appellate Court concerned and file an appropriate
application along with costs of Rs.20,000/- before it, which would be
decided, by taking into consideration the law laid down by the Hon'ble Apex
Court in Jamboo Bhandari's case (supra) in this regard within one month
from the date of filing of the application. The directions given in the order
dated 04.05.2023 by learned Appellate Court to the extent of depositing 20%
of compensation amount and order dated 30.09.2023, whereby the bail/surety
bonds were cancelled, are set aside subject to payment of costs of
Rs.20,000/- to be paid to the complainant by the petitioner within a period of
10 days from today. The petitioner will remain on bail as granted by the
appellate Court till the abovesaid application is decided by the appellate
Court in view of the directions as given above.
6. In case the cost is deposited as stated above, notice will be
issued to the complainant and on his appearance, amount of Rs.20,000/-
awarded as costs shall be paid to the complainant forthwith. Needless to say
that in case of non-compliance of the directions given above, the petitioner
would be of no avail to the abovesaid relief and the present petition shall be
deemed to have been dismissed.
7. Disposed of in above terms.
(RAJESH BHARDWAJ)
18.11.2024 JUDGE
ps-I
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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