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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANJAY VASHISTH
Jaivinder – Appellant
Versus
State Of Haryana – Respondent
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 ju
Petitioners cannot be compelled to deposit 20% of compensation for bail under Section 138 NI Act, as this condition infringes on their right to appeal and to liberty.
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
Dishonour of cheque – Suspension of sentence – Imposition of condition by first appellate court to deposit 20% of compensation amount awarded is valid.
The appellate court has discretion under Section 148 of the NI Act to impose a deposit condition, which is not mandatory and must be justified based on case specifics.
The court established that conditions for suspension of sentence must be justified with reasons, considering the accused's financial situation and prior payments.
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