IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE B. P. SHARMA

th

ON THE 8 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 17581 of 2025

SMT. SHYAMA BAI

Versus

DAYAL CHAND

Appearance:

Shri Ramanuj Choubey - Advocate for the petitioner.

ORDER BNSS. The learned Appellate Court suspended the sentence but imposed a condition to deposit 25% of the compensation amount while allowing the application under Section 389(3) of the Cr.P.C.

This petition under Section 528 of Bhartiya Nagrik Suraksha Sanhita,

2023 is filed invoking the inherent powers of this Hon'ble court for quashing of condition to deposit the 25% of compensation amount vide impugned

order dated 07.01.2025.

2. The petitioner was tried for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. The learned Trial Court vide judgment dated 26.12.2024 passed in SCNIA No.210/2021, convicted the petitioner and sentenced him to six months' simple imprisonment and further directed

payment of Rs. 9,47,875/- as compensation under Section 357(3) CrPC.

3. During the pendency of the trial, the petitioner had already deposited a sum of Rs.1,40,000/- as an interim compensation, this fact stands recorded in

the judgment of conviction itself.

4. Aggrieved by the judgment of conviction and sentence, the petitioner preferred a criminal appeal along with an application under Section 430(1)

5. Learned counsel for the petitioner submitted that the petitioner has already deposited approximately 20% of the cheque during trial and insisting upon deposit of 25% afresh defeats the object of interim compensation. It is further contended that the petitioner is facing financial hardship and has a good chance of success in appeal.

6. Learned counsel for the respondent opposed the revision and supported the impugned order.

7. Considered the rival submission of the parties.

8. The object behind directing deposit of a percentage of compensation at the appellate stage is to balance the interests of the complainant while safeguarding the right of appeal of the accused. Such condition, however, cannot be imposed mechanically and must take into consideration of the circumstances of the case and the concerned provision of law. The proviso to Section 148(1) of the NI Act states that -

"148(1)-Notwithstanding anything contained in the Code of Criminal Procedure, 1973, in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court:

Provided that the amount payable under this sub- Section shall be in addition to any interim compensation paid by the appellant under Section

143A."

9. Taking into consideration the facts and circumstances of the case, impugned order dated 07.01.2025 passed by the learned Appellate Court is modified to the extent that, 'the petitioner shall be required to deposit only 20% of the total compensation amount, and the amount if any, deposited by the petitioner in compliance of appellate Court's order be adjusted accordingly. The remaining conditions imposed by the learned Appellate Court shall remain unchanged.

10. The petition is allowed to the above extent.

(B. P. SHARMA)

JUDGE L.Raj