JUDGMENT :

Sanjay Vashisth, J. (Oral)

At the outset, learned counsel for the petitioner contends that since the order dated 07.08.2023 (P-1), whereby, while awarding sentence, a compensation amount of Rs. 1,50,000/- has been directed to be paid to the complainant as compensation, and the same is already pending before the lower Appellate Court, he need not press the said prayer before this Court.

Accordingly, the said prayer is declined as not pressed.

2. Prayer in the present petition filed under Section 528 of BNSS, 2023, is for quashing of the impugned order dated 06.09.2023 (Annexure P3), passed by learned Additional Sessions Judge, Jind, in Criminal Appeal No.CRA/207/2023, titled as Jaivinder v. Deepak Kumar', whereby, learned Court directed the petitioner to deposit 20% of the compensation amount either in the shape of FDR or in the Court within 60 days from the date of passing of impugned order.

3. Learned counsel for the petitioner has stated that petitioner was prosecuted in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, the Act') and he was convicted by learned Sub Divisional Judicial Magistrate, Narwana, under Section 138 of the Act, vide judgment dated 07.08.2023 (P-1) and sentenced to undergo simple imprisonment for a period of one year and was also ordered to pay compensation of Rs.1,50,000/- (Rupees One Lac and Fifty Thousand only) to the complainant (respondent No.2 herein).

Counsel further submitted that challenging the judgment dated 07.08.2023 (P-1), petitioner filed an appeal before the Court of learned Additional Sessions Judge, Jind and thereupon learned Appellate Court vide its impugned order dated 06.09.2023 (P-3) suspended the order of sentence qua petitioner, subject to deposit 20% of the compensation amount in the shape of FDR with the aid of Section 148 of the Act. Due to the financial constraints, petitioner failed to comply with the order dated 06.09.2023 (P-3), however counsel submits that even otherwise also, impugned order dated 06.09.2023 (P-3) passed by the learned Appellate Court is in violation of the law settled by Hon'ble Supreme Court in Jamboo Bhandari v M.P. State Industrial Development Corporation Ltd, and others, 2024(1) SCC (Cri) 90, wherein it has been held that while considering the prayer under Section 389 of the Cr.P.C. of an appellant who has been convicted for offence under Section 138 of the Act, it is always open for the Appellate Court to consider, whether the appeal before it, is an exceptional case or not, which warrants grant of suspension of sentence, but without imposing the condition to deposit 20% of the fine/compensation amount. And, if the Appellate Court comes to the conclusion that it is an exceptional case, the reasons for coming to the said conclusion must be recorded, which is missing in the present case. It is submitted that learned Court below has not appreciated the facts of the case and other circumstances of the petitioner, as per mandate of the Hon'ble Supreme Court in Jamboo Bhandari's case (supra).

4. After hearing learned counsel for the petitioner and perusing the record, it is apparent that sentence of the petitioner was suspended by learned Appellate Court subject to the deposit of 20% of the compensation amount awarded by learned trial Court. However, petitioner did not comply with the same.

This Court is of the view that dispute raised through the present petition can be decided in limine and without calling the other side here, because the way this Court intends to dispose of the present petition, no prejudice would be suffered by the complainant qua his rights.

5. This Court finds that the plea of the petitioner is that impugned order dated 06.09.2023 (P-3), passed by learned Additional Sessions Judge, Ludhiana, is without adhering to the directions issued by the Hon'ble Apex Court in Jamboo Bhandari's case (supra), as also in the case of Muskan Enterprises and another v The State of Punjab and another, 2024 SCC Online