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NEUTRAL CITATION NO. 2026:MPHC-JBP:8899

1 MCRC-3119-2026

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE B. P. SHARMA

th

ON THE 30 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 3119 of 2026

SANDEEP YAGNIK

Versus

ABHISHEK AGRAWAL

Appearance:

Shri Pranay Choubey - Advocate for the applicant.

ORDER

The present petition under Section 528 of Bharatiya Nagarik

Suraksha Sanhita, 2023 has been preferred by the applicant being

aggrieved by impugned order dated 06.01.2026 passed in Criminal

th

Appeal No.574/2025 (Sandeep Yagnik v. Abhishek Agarwal) by XVII

Additional District Judge, Jabalpur, whereby learned Appellate Court

while admitting the said criminal appeal for final hearing against the

order of conviction passed under Section 138 of the Negotiable

Instruments Act, suspended the sentence of the applicant and as a

condition for such suspension, directed the applicant to deposit 20% of

the compensation amount awarded by learned Judicial Magistrate First

Class, Jabalpur in SC-NIA No.883/2022 dated 01.12.2025, within a

period of 30 days from the date of the impugned order i.e. 06.01.2026.

Signature Not Verified

Signed by: ASHISH KUMAR

JAIN

Signing time: 2/3/2026

10:20:55 AM

NEUTRAL CITATION NO. 2026:MPHC-JBP:8899

2 MCRC-3119-2026

2. Brief facts giving rise to the present petition are that the

applicant was convicted for the offence under Section 138 of Negotiable

Instruments Act by learned Judicial Magistrate First Class, Jabalpur vide

judgment dated 01.12.2025 passed in SC-NIA No.883/2022, whereby the

applicant was convicted for commission of the said offence and

sentenced to undergo rigorous imprisonment for one year and further

directed to pay compensation of Rs.10,67,000/- under Section 357(3) of

Code of Criminal Procedure, with default stipulations. The aforesaid

conviction and sentence were assailed by the applicant before the Court

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of Sessions by filing criminal appeal. Learned XVII Additional

Sessions Judge, Jabalpur, while admitting the said criminal appeal for

final hearing against the order of conviction passed under Section 138 of

the Negotiable Instruments Act, suspended the sentence of the applicant

and as a condition for such suspension, directed the applicant to deposit

20% of the compensation amount (i.e., Rs.2,13,400/- out of the total

compensation amount of Rs.10,67,000/-) awarded by the learned Judicial

Magistrate First Class, Jabalpur in SC-NIA No.883/2022 vide judgment

dated 01.12.2025, within a period of 30 days from the date of the

impugned order i.e. 06.01.2026, with a further direction that any amount

of compensation already deposited before the trial court shall be adjusted

against the said 20% amount.

3. Learned counsel for the applicant submits that applicant had

filed an application before learned Appellate Court seeking exemption

Signature Not Verified

Signed by: ASHISH KUMAR

JAIN

Signing time: 2/3/2026

10:20:55 AM

NEUTRAL CITATION NO. 2026:MPHC-JBP:8899

3 MCRC-3119-2026

from depositing 20% of the total compensation amount under Section

148 of the Negotiable Instruments Act; however, learned Appellate Court

has neither considered nor passed any order on the said exemption

application. It is submitted that the applicant has a prima facie good case

on merits and hope to succeed in the appeal. It is further submitted that

the complaint itself was not maintainable as in a similar case, a

complaint lodged by one proprietor of the firm was dismissed, inter alia,

on the ground that he had failed to disclose and establish the particulars

showing how he was the sole proprietor of the firm. The present case is

one of a lost cheque and prior to the alleged drawing of the cheque, the

applicant had already lodged complaints with the police as well as with

the bank regarding the loss of his cheques, including the cheque in

question. Therefore, it cannot be said that the respondent is a holder of

the cheque in due course. The case pertains to misuse of a lost cheque

belonging to the applicant.

4. It is further submitted that the respondent