JUDGMENT

Harsh Bunger, J.

The petitioner in the present petition seeking quashing of order dated 29.09.2022 (Annexure P-1) passed by learned Additional Sessions Judge, Faridabad in CRA-306-2022 titled as M/s PDS Infrastructures & Consultants Pvt. Ltd. And another v. Jal Shakti Vihar Residential Welfare Society, whereby, the petitioner (appellant-convict in CRA-306-2022) has been directed to deposit 20% of the compensation amount awarded by the trial Court within 60 days from the date of order in view of section 148 of the Negotiable Instruments Act, 1881 (for short 'N.I Act, 1881') (as amended up-to-date).

2. Brief facts of the case are that respondent No.2-complainant filed a complaint under Section 138 of the N.I Act, 1881, by stating that the complainant is the Residential Welfare Society of Jal Shakti Vihar, which is situated at Sector 63, Unchagaon, Faridabad and the petitioner was stated to be the former Treasurer of the above said Society for the year 2012-13. It was stated that the petitioner (herein), during his tenure as Treasurer of the Jal Shakti Vihar Residential Welfare Society, has diverted and transferred Rs.88.50 lacs from the period 23.04.2012 to 28.11.2013 from the bank account No.82142010123587 at Syndicate Bank, NIT, Faridabad of the society in the bank account of his own company in the name of PDS Infrastructures and Consultants Pvt. Ltd. It is further stated in the complaint that after the fund diversion came into the light, the accused in the complaint promised to refund 50% of the amount by November, 2017 and balance 50% payment by March, 2018, which was also recorded in the minutes of General Body Meeting of the society held on 24.09.2017. It was further stated that in the said meeting, the petitioner issued post datedchequeNo.067449 dated 16.04.2018 for Rs.20,00,000/- drawn at Axis Bank Limited, Sector 15, Gurgaon (the petitioner being authorized signatory of M/s PDS Infrastructure & Consultants Pvt. Limited) in the name of complainant-Society from Account no.910020010439258 towards the discharge of their liability. However, when the said cheque was presented, the same was dishonoured with the remarks "Drawers Signature to operate account not received" and was returned vide memo dated 22.05.2018.It appears that thereafter, a legal notice (Annexure P-3) dated 31.05.2018 was sent, which was followed by the complaint under Sections 138 /142 of the N.I. Act, 1881 read with Section 420 of the INDIAN PENAL CODE , 1860, against the present petitioner and others. The Judicial Magistrate Ist Class, Faridabad, after appreciating the evidence on record, convicted the present petitioner and M/s PDS Infrastructures & Consultants Pvt. Ltd. vide judgment dated 24.08.2022 and further passed order of sentence vide order dated 29.08.2022 (Annexure P-4), whereby petitioner on behalf of M/s PDS Infrastructure & Consultants Pvt. Ltd. was sentenced to undergo simple imprisonment for a period of one year and further to pay the compensation to the tune of Rs.30,00,000/- to the complainant under section 143(1) of the N.I. Act read with section 357(1)(3) of the Cr.P.C., 1973 within a period of one month from the date of passing of said judgment.

3. The petitioner challenged the aforesaid judgment of conviction and order of sentence by filing an appeal before the Court of Sessions Judge, Faridabad, which came to be registered as CRA-306-2022. Along with the appeal; the petitioner also filed an application for suspension of sentence.

4. Learned Additional Sessions Judge, Faridabad, vide order dated 29.09.2022, suspended the sentence of the petitioner