The imposition of a mandatory condition for payment of 20% of the fine amount for suspension of sentence under Section 148 of the Negotiable Instruments Act is not justified without proper reasoning.

Order :

(Arvind Kumar Verma, J.)

Heard.

1. This petition has been preferred by the petitioner under Section 528 of the BNSS, 2023 being aggrieved by the order dated 09.10.2024 (Annexure P-1) passed by the 10^th Additional Sessions Judge, Raipur (C.G.), the petitioner prefers this petition to set aside/modify the impugned order dated 09.10.2024 only to the extent of imposition of condition of payment of a sum of Rs.7,01,054/-, i.e., 20% of the fine amount is concerned.

2. Facts of this case in brief are that as per the complainant, the petitioner is a journalist who is operating a news agency at village Karhibhadar and engaged in distributing and publication of advertisement in the newspaper. The petitioner has published advertisement in the respondent newspaper against which the petitioner has issued a cheque dated 09-09-2017 bearing cheque No. 512532 of Bank of Baroda, Balod of a sum of Rs.4,93,700/-. On 12.09.2017, when the respondent has deposited said cheque to his bank account same gets dishonored with a note "Insufficient Fund". Thereafter, the respondent has issued a legal notice to the petitioner and despite the same when the petitioner has not paid the said amount, respondent has filed complaint case before the learned Judicial Magistrate First Class, Raipur bearing Criminal Case No. 313/19. Resultantly, the petitioner has faced the criminal trial and without appreciating the material and evidence available on record vide order dated 26-09-2024, the learned Judicial Magistrate First Class, Raipur has convicted the petitioner with simple imprisonment for 02 years and fine of a sum of Rs.7,01,054/- and in default, the petitioner shall undergo further S.I for 30 days. Thereafter, aggrieved by the said order dated 26-09-2024 (Annexure P/2), the petitioner has preferred statutory appeal before the learned Sessions Court along with an application under Section 430 of the Bhartiya Nyay Suraksha Sahita, 2023 for suspension of sentence and grant of bail and same was decided by the learned Sessions Court vide impugned order dated 09-10-2024 (Annexure P/1), whereby the learned Court below has allowed the said application for suspension of sentence of the petitioner with a condition to deposit 20% of sum of Rs. 7,01,054/- before the learned trial Court. Hence, this petition.

3. Learned counsel for the petitioner contended that the conviction of the petitioner by the learned JMFC is arbitrary, illegal and contrary to the law applicable in the facts and circumstances of the case. He further contended that the respondent has just on the information received from the Bank and only on the basis of said apprehension and presumption, the respondent has preferred the criminal prosecution against the petitioner which is arbitrary and illegal. It is further submitted that suspension of sentence of convicted person also comes under the purview of Article 21 of the Constitution of India and any such condition cannot be imposed which can deprive him from his personal liberty. In this regard, he relied upon the judgment rendered by the Hon'ble Supreme Court in the matter of Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd. & Others passed in CRIMINAL APPEAL NO(S). 2741 OF 2023 (@SLP(CRL.) NO(S). 4927 OF 2023) hence, it is prayed that condition with regard to the payment of 20% of fine amount stipulated by the learned appellate Court within 60 days, may be set aside/modified.

4. I have heard learned counsel for the petitioner and perused the order impugned and other material available on record with utmost circumspection.

5. Considering the facts of the case, pleading made in the petition and submission of learned counsel for the petitioner. In the present case, vide impugned order dated 09.10.2024, learned appellate Court has imposed the condition against the petitioner for payment of 20% amount of Rs.7,01,054/-, without assigning reasons as provided under Section 148 of the Negotiable Instruments Act, 1881 .

6. Section 148 of the