Punjab-Haryana High Court
Ramesh Kumar vs State Of Haryana And Another on 12 March, 2025
Neutral Citation No:=2025:PHHC:034790
136 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM
CRM-M-13872-2025 (O & M)
Date of decision: 12.03.
12.03.2025
RAMESH KUMAR
...PETITIONER
V/S
STATE OF HARYANA AND ANOTHER
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Ramnish Puri, Advocate and
Ms. Monika Tanwar, Advocate
for the petitioner.
****
HARPREET SINGH BRAR,
BRAR J. (ORAL)
1. The present petition under Section 528 BNSS has been filed for
setting aside of order dated 05.02.2025 (Annexure P
P-2) passed by the Court of
learned Additional Sessions Judge, Jind in an appeal CRA-32 of 2025 titled as
'Ramesh
Ramesh Kumar vs. Vikas and another'
another filed against the judgment dated
14.01.2025 passed by learned Sub-Divisional Judicial Magistrate, Narwala in
NACT-88
88 of 2020,
2020 whereby, the sentence of the petitioner was suspended
conditionally by imposing a condition to deposit 20% of the cheque amount aas
compensation within 60 days.
2. The present complaint under Section 138 of the Negotiable
Instruments Act, 1881 (hereinafter to be referred as N.I. Act) has been initiated
by the complainant-firm
complainant with the submissions that petitioner purchased seeds
and pesticides on credit basis through various bills from it, so outstanding
against petitioner became Rs.16,69,847/-
Rs.16,69,847/ up to 19.05.2018. Out of which, the
petitioner paid an amount of Rs.6,95,465.60/-
Rs.6,95,465.60/- and the amount which was
remaining due towards him was Rs.9,74,381.40/
Rs.9,74,381.40/-. For clearance of outstanding
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CRM-M-13872
amount, the petitioner issued cheque of Rs.9,74,000/
Rs.9,74,000/- bearing No.027848
dated 31.01.2020 drawn on UBI Bank Branch, Uchana and asked the
complainant firm to deposit the cheque after 10 days. Upon presentation, the
said cheque was dishonoured vide memo dated 15.06.2019 with remarks
"Funds Insufficient". Thereafter, the complainant got issued legal notice dated
27.02.2020 to the petitioner/accused, but he failed to pay the aforementioned
amount. Hence, this complaint.
3. Vide
ide judgment and order dated 14.01.2025 passed by learned Sub
Divisional Judicial Magistrate, Narwana, the petitioner was convicted and
sentenced to undergo simple imprisonment for a period of 01 year for
commission of offence punishable under Secti
Section 143(1)(proviso) of
Negotiable Instruments Act and was further directed to pay compensation to
the tune of cheque amount i.e. Rs.12,00,000/-
Rs.1 within a period of two months
from passing of judgment and it was also directed that fine, if any already paid
to the complainant, be set off from the amount of compensation. Thereafter,
the petitioner preferred an appeal against the said judgment of conviction and
order of sentence before the learned Additional Sessions Judge, Jind. The
learned Appellate Court vide order dated 05.02.2025
05.02.2025, suspended the sentence
of the petitioner subject to depositing 20% of the compensation amount within
60 days of passing of the order.
4. Learned counsel for the petitioner inter alia contends that the
learned lower Appellate Court
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.2
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CRM-M-13872
(@ SLP(Crl.) Nos. 4927 of 2023 Jamboo Bhandari vs. M.P. State Industrial
Development Corporation Ltd. and others,
others, decided on 04.09.2023. Speaking
through Justice Abhay S. Oka, it has been held as follows:
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 thee 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 sen
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."
5. Having heard learned counsel for the petitioner and after perusing
the judgment passed in Jamboo Bhandari (supra)
(supra), the lower Appellate Court
was required to consider whether the present case falls in the exception or not.
The impugned order dated 05.02.2025, whereby, the condition of depositing
20% of compensation amount has been imposed for granting suspension of
sentence upon the petitioner is hereby set aside. The learned lower Appellate
Court is directed to re-examine
re examine the case after granting an oppor
opportunity to the
petitioner to make submissions regarding the exceptional circumstances and
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CRM-M-13872
decide whether it is an appropriate case that warrants waiver of the
requirement of deposit of 20% of the compensation awarded by learned trial
Court.
6. The matter is remanded back to the learned lower Appellate
Court with a direction
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).
(supra)
7. The petition is disposed of accordingly.
accordingly.
8. Pending miscellaneous application(s), if any, also stand(s)
disposed of.
(HARPREET
HARPREET SINGH BRAR
BRAR)
March 12, 2025
5 JUDGE
manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
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