Uttarakhand High Court
C528/544/2025 on 30 April, 2025
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
Office Notes,
reports, orders or
SL proceedings or
No
Date
directions and COURT'S OR JUDGE'S ORDERS
Registrar's order
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30.04.2025 C-528 No. 544 of 2025
Hon'ble Vivek Bharti Sharma, J.
Mr. Karan Anand, learned counsel for the
petitioner.
2. Mr. Pratiroop Pande, learned A.G.A. for the State.
3. Present petition has been filed by the
petitioner/convict to quash the order dated 27.06.2024
passed by 4th Additional Sessions Judge, Dehradun in
Criminal Appeal No. 203 of 2024 under Section 148 of
the Negotiable Instruments Act, 1881 as well as the
consequent order dated 20.12.2024.
4. Counsel for the petitioner/convict would submit
that the respondent no. 2 had filed criminal case under
Section 138 Negotiable Instruments Act, 1881 in the
court of Judicial Magistrate, against the
petitioner/convict; that, the said court convicted and
sentenced the petitioner/convict for simple imprisonment
and fine was also imposed upon him; that, being
aggrieved by the same, the petitioner/convict filed
criminal appeal before learned Sessions Judge,
Dehradun.
He would further submit that the learned District
& Sessions Judge, Dehradun vide order dated 27.06.2024
stayed the effect of the sentence against the
petitioner/convict on the condition that the
petitioner/convict shall deposit 20% of the compensation
amount within 60 days, failing which the stay order will
become void.
5. Learned counsel for the petitioner would further
submit that the financial capacity of the
petitioner/convict is not so strong, therefore, the
petitioner/convict filed an application before the learned
District & Sessions Judge, Dehradun requesting therein
to exempt him to deposit 20% of the compensation
amount, however, the said application was dismissed and
stay order has also been vacated by the said court vide
order dated 20.12.2024. Hence, this petition.
5. Learned counsel appearing for the State would
vehemently oppose the petitions and would submit that
the court below has rightly imposed the condition of
deposition of 20% of the amount of compensation as per
the applicable law.
6. Per contra, counsel for the petitioner/convict
would submit that the provision of Section 148 of the
Negotiable Instruments Act requiring the
petitioner/convict to deposit 20% of the fine of the
compensation amount is not mandatory in nature; that,
Appellate Court can make an exception to the 20%
deposit requirement in certain circumstances, including
when the deposit condition is unjust or when the
appellant would be deprived of his/her right to appeal
In support of his contention, he relied upon the
judgment of Jamboo Bhandari Vs. Madhya Pradesh
State Industrial Development Corporation Limited and
Others (2023) 10 SCC 446, wherein the Hon'ble
Supreme Court ruled that the appellate court can make an
exception to the 20% deposit requirement in certain
circumstances. The relevant paragraph-7 of this
judgment is as under:
"7. Therefore, 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 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 conclusion must be recorded."
7. To this, Counsel for the State would submit that as
per Section 148 of the Negotiable Instruments Act, the
condition of deposit of 20% of the fine/compensation
amount is mandatory in nature, however, in view of the
interpretation made in Jamboo Bhandari case (Supra), a
discretion has been provided to the Appellate Court to
waive off or reduce the amount to be deposited
under Section 148 of the N.I. Act, only in exceptional
cases and under the exceptional circumstances.
8. Issue notice to respondent no.2 through ordinary
process and registered post acknowledgment due as well
as through e-mail and whatsapp, if available.
9. Steps to be taken within three weeks.
11. List this case on 05.08.2025 for hearing on
admission.
12. Till the next date of listing, the effect and
operation of the impugned order dated 27.06.2024
passed by 4th Additional Sessions Judge, Dehradun in
Criminal Appeal No. 203 of 2024 under Section 148 of
the Negotiable Instruments Act, 1881 as well as the
consequent order dated 20.12.2024 shall be kept in
abeyance.
(Vivek Bharti Sharma, J.)
30.04.2025
Mamta
