Punjab-Haryana High Court
Randeep Singh Sidhu vs State Of Punjab And Others on 6 September, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:117015
CRM-M-44155-2024 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-44155-2024
Date of decision: 06.09.2024
Randeep Singh Sidhu ...Petitioner
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
Present: Mr. M.S. Virk, Advocate for the petitioner.
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KARAMJIT SINGH, J. (ORAL)
1. The present petition under Section 528 BNSS has been filed by
petitioner/accused for setting aside of order dated 05.07.2024 (Annexure
P-4) passed by the Court of learned Additional Sessions Judge, Patiala in
CRA-309/2024 titled as Randeep Singh Sidhu Vs. Sukhjinder Singh and
others whereby the sentence of the petitioner under Section 138 of
Negotiable Instruments Act (for brevity, NI Act) has been suspended
subject to the condition to deposit 10% of the cheque amount within period
of 60 days.
2. The counsel for the petitioner submits that respondent No.2
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 18 months and to pay compensation equivalent to the
amount of cheque under Section 138 NI Act vide judgment and order dated
05.06.2024 passed by the Court of Judicial Magistrate Ist Class, Patiala.
Being aggrieved, petitioner has preferred an appeal against the said
judgment and order and the Appellate Court vide order (Annexure P-4) has
admitted the appeal and also disposed of application seeking suspension of
sentence with direction to the petitioner to deposit 10% of the cheque
amount, within 60 days.
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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 10% of the cheque amount
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."
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 10% of the cheque amount is not passed by
the Appellate Court in accordance with the afore-stated settled position of
law. That deposit of certain amount under Section 148 NI Act is not an
absolute rule. No reason has been assigned by the Appellate Court while
passing the impugned order as to why, the petitioner is directed to deposit
10% of the cheque amount.
5. For the foregoing reasons, the impugned order dated
05.07.2024 Annexure P-4 to the extent whereby the condition of depositing
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of 10% of cheque amount 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. The petitioner is 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.
06.09.2024 (KARAMJIT SINGH)
Yogesh JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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