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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Shingara Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. The present petition has been filed challenging the order dated 20.11.2023 whereby while allowing the application filed under Section 389 Cr.P.C. by the petitioner seeking suspension of sentence, the learned Additional Sessions Judge, Kapurthala ordered him to deposit 5% of the compensation of Rs.3,50,000/- i.e. equal to the amount of cheque, awarded by the learned trial Court.
2. In brief, facts of the case are that respondent No.2 filed a complaint against the petitioner under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as the NI Act) on the ground that the petitioner borrowed a sum of Rs.3,50,000/- from him and in order to discharge his legal liability, issued a cheque bearing No.735959 dated 20.02.2019 for an amount of Rs.3,50,000/-. However, on presentation for encashment, the said cheque was dishonoured and returned with remarks 'funds insufficient'. The petitioner was convicted vide judgment dated 19.10.2023 passed by the Sub Divisional Judicial Magistrate, Sultanpur Lodhi and sentenced to undergo rigorous imprisonment for a period of 2 years with a direction to pay compensation equal to the cheque amo
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
The appellate court may impose a deposit condition under Section 148 of the N.I. Act, interpreted as mandatory for expediting cheque dishonour cases.
The Appellate Court must justify the imposition of a deposit condition for bail by assessing whether exceptional circumstances exist, as per Section 148 of the NI Act.
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