Punjab-Haryana High Court
Jasbir Singh vs Gurmit Singh And Another on 23 September, 2024
Author: Rajesh Bhardwaj
Bench: Rajesh Bhardwaj
Neutral Citation No:=2024:PHHC:125644
CRM-M No.47711 of 2024 -1-
143
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.47711 of 2024
Date of decision : 23.09.2024
Jasbir Singh
.....Petitioner
versus
Gurmit Singh and another
..... Respondents
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present :- Mr. Sunny K. Singla, Advocate
for the petitioner.
****
RAJESH BHARDWAJ, J. (Oral)
1. Present petition has been filed seeking quashing of impugned
order dated 29.08.2023 (Annexure P-4) passed by the Ld. Additional
Sessions Judge, Sangrur to the extent vide which the petitioner was directed
to deposit 20% of the total amount of compensation awarded by the Ld. Trial
Court in appeal bearing registration No.CRA/285/2023 date of registration
22.08.2023 titled as "Jasbir Singh vs. Gurmit Singh and another" which has
been filed against judgment dated 04.08.2023 (Annexure P-1) passed by Ld.
JMIC, Dhuri in complaint under Section 138 of Negotiable Instrument Act,
1881 titled as "Gurmit Singh vs. Jasbir Singh" bearing No.NACT-297-2018,
date of institution 09.05.2018 being illegal and contrary to the provisions of
law and contrary to the law laid down by Hon'ble Supreme Court of India in
case titled as Jamboo Bhandari vs. MP State Industrial Development
Corporation Ltd. And others, 2023 INSC 822. Further prayer has been made
for staying the operation and implementation of impugned order dated
29.08.2023 to the extent vide which the petitioner was directed to deposit
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20% of the total amount of compensation awarded by the Ld. Trial Court
during the pendency of present petition.
2. Learned counsel for the petitioner has stated that petitioner was
convicted by learned Sub Divisional Judicial Magistrate, Dhuri under
Section 138 of the Negotiable Instrument Act, 1881 (for brevity,`the NI
Act'), vide judgment dated 04.08.2023 and sentenced to undergo rigorous
imprisonment of 02 years and was ordered to pay compensation of
Rs.5,00,000/-. It is further submitted that the petitioner assailed the order
dated 04.08.2023 by filing an appeal before the Court of learned Additional
Sessions Judge at Sangrur, which is pending adjudication. Though
application for suspension of sentence of petitioner was allowed, however,
the Appellate Court, vide impugned order, dated 29.08.2023, ordered the
petitioner to pay 20% of the compensation amount under Section 148 of
Negotiable Instruments Act. He has submitted that the petitioner has not been
provided any opportunity of hearing to submit his defence before the order
was passed and hence the same is unsustainable in the eyes of law. It is
further submitted that the 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
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be recorded, which is missing in the present case.
3. Heard.
4. In view of the aforesaid facts, and the judicial precedent settled
by Hon'ble Apex Court in Jamboo Bhandari's case (supra), without
commenting anything on the merits of the case, the present petition is
disposed of. Petitioner is relegated to approach the learned Appellate Court
concerned and file an appropriate application 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 29.08.2023 by learned Appellate Court to the extent of depositing 20%
of compensation amount on or before the date fixed and in case he fails to
deposit the same, the bail granted to the accused shall be deemed to have
been cancelled, is set aside. 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.
5. Disposed of accordingly.
(RAJESH BHARDWAJ)
23.09.2024 JUDGE
rittu
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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