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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Sunny Goyal – Appellant
Versus
Murli Dhar – Respondent
JUDGMENT :
Manisha Batra, J.
The instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS') seeking quashing of order dated 17.01.2025 (Annexure P-8), passed by the Court of learned Additional Sessions Judge, Malerkotla in Criminal Appeal bearing No. CRA-15-2025, titled as Sunny Goyal vs. Murli Dhar, whereby, while suspending the sentence of the petitioner, as awarded to him in criminal complaint filed under Section 138 of Negotiable Instruments Act, 1881 (for short N.I. Act'), the learned first appellate Court had directed him to deposit 20% of the compensation amount as awarded by the learned trial Court within a period of 60 days from the date of passing the order.
2. It is argued by learned counsel for the petitioner that the impugned order is not sustainable in the eyes of law as learned appellate Court, while giving such direction, failed to consider the fact that the deposit of 20% of the compensation amount was not absolute requirement for suspension of sentence and this condition was to be imposed in exceptional circumstances. Hence, it is urged that the impugned order passed by the appellate Court is liable to be set asid
The deposit of 20% of the compensation amount for suspension of sentence is not an absolute requirement and should consider exceptional circumstances.
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
Appellate courts may impose a 20% deposit of compensation for appeal as per Section 148 of the Negotiable Instruments Act, ensuring rights of complainants while allowing exceptions only in demonstrat....
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