Harcharan Singh vs Mithu Singh And Anr
2026 Latest Caselaw 3456 P&H

Punjab-Haryana High Court

Harcharan Singh vs Mithu Singh And Anr on 18 April, 2026

                        CRM-M-20724-2026 (O&M)                   -1-


                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH
                        123
                                                    CRM-M-20724-2026 (O&M)
                                                   Date of Decision: April 18, 2026

                        Harcharan Singh                                                ...
                        Petitioner(s)
                                                               Versus
                        Mithu Singh and another                                               .    .   .
                        Respondent(s)

                        CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
                        Present:        Mr. Dharam Bir Bhargav, Advocate,
                                        for the petitioner.
                                                            ****

                        SANJAY VASHISTH, J.

1. This petition, under Section 528 of the BNSS, 2023, has been

filed by the petitioner assailing the order dated 13.03.2026 (Annexure P-3),

passed by learned Additional Sessions Judge, Mansa (Appellate Court),

while deciding the application for suspension of sentence, filed by the

petitioner alongwith the appeal preferred against the judgement of

conviction and order of sentence passed by the Trial Court, while deciding

complaint under Section 138 of the Negotiable Instruments Act, 1881 (for

short, 'the NI Act').

2. For the sake of brevity, the basic details of this petition have

been summed up in tabular form, as under:-

1. Complaint No. NACT/121/2021, under Section 138 of the NI Act, 1881

2. Judgment of conviction 12.02.2026, passed by Sub-Divisional Judicial Magistrate, Budhlada (Trial Court)

3. Criminal Appeal CRA/71/2026 No./Criminal Misc.

Application

4. Date of impugned order 13.03.2026, passed by Additional Sessions

CRM-M-20724-2026 (O&M) -2-

Judge, Mansa (Appellate Court)

3. The issue involved in this petition is no longer res integra, and

the same has been answer by the Larger Bench/Division Bench of this Court,

vide detailed order dated 24.09.2025, passed in the case of M/s Coromandel

International Limited v. Shri Ambica Sales Corporation, Law Finder

Doc Id # 2783918 : 2025 (4) RCR (Criminal) 490.

4. Thereafter, by following the view point of the Larger

Bench/Division Bench in the matter of M/s Coromandel International

Limited, this Court also passed a detailed order in the case of Shivam

Jindal v. Shubhan Ali (CRM-M-56288-2025 (O&M), decided on

17.11.2025) and other connected petitions.

5. In view of above, matter in hand is required to be sent back to

the Appellate Court, for decision afresh on the application for suspension of

sentence of the appellant/petitioner herein, in consonance with the order

dated 24.09.2025, passed by the Larger Bench/Division Bench of this Court

in the case of M/s Coromandel International Limited (supra), and

subsequent order dated 17.11.2025, passed by this Court in the case of

Shivam Jindal (supra).

6. Ordered accordingly.

7. The said exercise shall be undertaken by the Appellate Court

not later than 15 days from the date of receipt of a certified copy of this

order, and after issuing notice(s) to the respective parties.

8. Further, it is directed that till the time application for suspension

of sentence is decided afresh, the condition of deposit of 20% of the

compensation amount, as directed by the Appellate Court in its earlier order,

CRM-M-20724-2026 (O&M) -3-

shall remain inoperative, and the bail shall not be cancelled in consequence

thereof.

9. In case the Appellate Court, after re-appreciation of the matter,

comes to the conclusion that the deposits are expensive than the liberty, and

the convict is not in a position to deposit and likely to forego his liberty even

when the first appeal is yet to be decided, the Appellate Court must make

efforts to prioritize hearing appeal filed against the conviction under Section

of the 138 NI Act and decide the same preferably within next sixty days of

passing of fresh order, and not later than ninety days, which clearly aligns

with the legislators' intentions. However, the time of sixty days should be

extended to the extent to which the decision of the appeal is delayed because

of the complainant.

10. Registry is directed to transmit copy of this order to the

respective Appellate Court (as detailed in para No. 2 above) forthwith for

compliance.

11. Present petition stands disposed of in the above terms.

Pending misc. application(s), if any, also stand(s) disposed of.

(SANJAY VASHISTH) JUDGE April 18, 2026 J.Ram

Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO