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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Balvir Kaur – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petition filed against appellate court order. (Para 1) |
| 2. petitioner argues financial inability to deposit compensation. (Para 2) |
| 3. court reviews arguments and supporting documents. (Para 3) |
| 4. section 148 empowers deposit as condition for appeal. (Para 4) |
| 5. appellate court needs compelling reasons to waive deposit. (Para 5) |
| 6. court's remarks do not affect merits of pending appeal. (Para 6 , 7) |
JUDGMENT :
SUMEET GOEL, J.
1. The present petition has been filed under Section 528 of BNSS , 2023, preferred by the petitioner impugning the order dated 29.08.2025 (Annexure P-3) passed by the learned Additional Sessions Judge, Sangrur, to the extent, that the execution of sentence and order appealed against has been suspended qua petitioner (herein) subject to depositing of 20% of the amount of compensation. The relevant portion of the impugned order reads thus:
“Criminal appeal has been received by way of entrustment. It be registered.
As there are fairly arguable points in the instant appeal, so appeal is admitted for hearing. Notice of the appeal be given to the respondent for 31.10.2025. Record of the trial Court be also requisitioned for the date fixed.
Alongwith the app
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....
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
A speaking order is necessary for imposing the condition to deposit 20% of the compensation for suspending the sentence, as per the principle laid down by the Apex Court in Jamboo Bhandari v. M.P. St....
The court established that the imposition of a deposit requirement under Section 148 can be waived in exceptional cases, requiring the appellate court to justify its decision.
The appellate court has discretion under Section 148 of the NI Act to impose a deposit condition, but must consider exceptions and provide reasons when waiving such conditions.
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