Narender Kumar vs Narender Kumar on 19 February, 2024

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Punjab-Haryana High Court

Narender Kumar vs Narender Kumar on 19 February, 2024

Author: Karamjit Singh

Bench: Karamjit Singh

                                                         Neutral Citation No:=2024:PHHC:022907




CRM-M-8701-2024 (O&M)                              [1]              2024:PHHC:022907



139
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                                 CRM-M-8701-2024 (O&M)
                                                 Date of decision: 19.02.2024

Narender Kumar                                                            ...Petitioner

                                        Versus

Narender Kumar                                                         ...Respondent

CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:    Petitioner in person.

            ****

KARAMJIT SINGH, J. (ORAL)

1. The present petition has been filed by the petitioner/accused

Narender Kumar son of Pehalwan Chand seeking quashing of orders dated

14.09.2023 (Annexure P-3) and 08.02.2024 Annexure P-4 passed by the Court

of Additional Sessions Judge, Sirsa in Criminal Appeal No. CRA-329-2023

titled as Narender Kumar Vs. Narender Kumar whereby the substantive

sentence of the petitioner was suspended subject to condition that he shall

deposit 20% of the total amount of compensation awarded by the learned trial

Court within 60 days as per provision contained in Section 148 of Negotiable

Instruments Act, failing which the order of suspension of sentence shall be

deemed to be vacated in view of the law laid down by the Hon’ble Supreme

Court in Surender Singh Deswal @ Col. S.S. Deswal and others Vs. Virinder

Gandhi and another 2020 (1) SCC (Crl) 506.

2. The brief facts of the case are that respondent/complainant filed

criminal complaint under Section 138 NI Act against the petitioner wherein

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on completion of trial the petitioner was convicted and sentenced to

imprisonment and to pay a fine under Section 138 NI Act. Being aggrieved

the petitioner filed an appeal against the said judgment and order passed by

the trial Court and he also sought suspension of sentence during the pendency

of the appeal. The appellate Court entertained the appeal and passed

impugned orders Annexure P-3 dated 14.09.2023 and on 08.02.2024

petitioner made payment of Rs.2 lacs to respondent and made prayer seeking

time to pay the remaining amount of Rs.2,80,000/- vide order Annexure P-4.

3. Being not satisfied, the petitioner has filed the present revision

petition.

4. I have heard the petitioner.

5. The petitioner submits that impugned order Annexure P-3 was

passed by the trial Court in an mechanical manner and no reason was given by

the trial Court as to why, petitioner was directed to deposit 20% of

compensation awarded by the trial Court, while the appeal was admitted as

the same was having arguable points.

6. I have considered the submissions made by the petitioner.

7. The Hon’ble Supreme Court in Jamboo Bhandari Vs. M.P.

State Industrial Development Corporation Ltd. And others 2023 (10) SCC

446 has observed that deposit of minimum 20% compensation/fine amount

was not an absolute blanket rule under Section 148 of Negotiable Instruments

Act while considering the request of the accused for suspension of sentence.

The Hon’ble Supreme Court further observed that it was duty of the appellate

Court to give reasons for imposing the condition to deposit 20% of

compensation for suspending the sentence.




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8. From the perusal of the impugned order it appears that the same

has been passed by the appellate Court in a mechanical manner without

assigning any reasons directing the petitioner to deposit 20% of the

compensation amount awarded by the trial Court within 60 days. Thus, the

said order is not in consonance with the law laid down by the Hon’ble

Supreme Court in Jamboo Bhandari’s case (supra).

9. For the forgoing reasons, the present petition is allowed and the

direction to deposit 20% of compensation amount is set aside. The appellate

Court is directed to reconsider the application filed by the petitioner seeking

suspension of sentence, after giving opportunity of hearing to petitioner and

respondent, in the light of the law laid down by the Hon’ble Supreme Court in

Jamboo Bhandari’s case (supra). Till fresh orders are passed by the appellate

Court as directed above, no coercive steps shall be taken against the

petitioner. The petitioner is directed to appear before the appellate Court on

the date already fixed in the appeal.

10. The petition stands disposed of in aforesaid terms, without

expressing any opinion on the merits of the case.

11. Keeping in view the nature of order being passed, no notice is

required to be issued to the respondent. However, if he feel dis-satisfied with

this order, he may move an application to recall the same.

12. Pending application, if any, stands disposed of.



19.02.2024                                              (KARAMJIT SINGH)
Yogesh                                                      JUDGE

             Whether speaking/reasoned:-                Yes/No
             Whether reportable:-                       Yes/No



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