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CRM-M-18736-2025 & 08 connected cases 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Sr. Cases No. Petitioner(s) Respondent(s)

No.

01 CRM-M-18736-2025 PAWAN GOYAL ANSHUL GOYAL

02 CRM-M-47266-2025 KULDEEP THE

SINGH MAHENDERGARH

CENTRAL

COOPERATIVE

BANK LTD

03 CRM-M-47186-2025 SANTOKH NITIN SELHI AND

(O&M) SINGH ANR

04 CRM-M-40531-2025 GAURAV DANVIR

KUMAR JHA

05 CRM-M-31715-2025 MANOJ KUMAR STATE OF

JAIN HARYANA AND

ANOTHER

06 CRM-M-38520-2025 TEJPAL DEVI RAM

07 CRM-M-42090-2024 RATTAN M/S JAGDAMBA

KUMAR GUPTA SPINNING AND

WEAVING MILLS

AND ANR

08 CRM-M-16276-2025 RAJWINDER PRITPAL SINGH

SINGH AND ANR

09 CRM-M-17841-2025 JASHAN @ SHAM SINGH

(O&M) JASHAN

KUMAR

1. Date when Order was reserved 23.12.2025

2. Date of Pronouncement of Order 24.12.2025

3. Date of uploading Order 24.12.2025

4. Whether operative part or full Order FULL

is pronounced

5. Delay, if any, in pronouncing of full NOT APPLICABLE

order, and reasons thereof

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present: Mr. H.S. Randhawa, Advocate,

Amicus Curiae.

Mr. Rythem Bajaj, Advocate (in CRM-M-16276-2025)

Mr. Lupil Gupta, Advocate (in CRM-M-17841-2025)

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CRM-M-18736-2025 & 08 connected cases 2

Mr. Tarun Hooda, Advocate,

for Mr. K.P. Singh, Advocate (in CRM-M-18736-2025)

Mr. Ramesh Hooda, Advocate (in CRM-M-38520-2025)

for the petitioner(s).

Mr. J.S. Cooner, Advocate (in CRM-M-42090-2024)

Mr. Kanwaljeet Singh, Advocate, and

for the respondent(s).

****

SANJAY VASHISTH, J.

1. This common order would decide aforementioned nine

petitions, as the primary issue involved therein is same.

2. These petitions, under Section 528 of the BNSS, 2023, have

been filed by the petitioner(s) assailing the order(s) passed by the

concerned Appellate Court(s) while deciding the application(s) for

suspension of sentence, filed by the petitioner(s) alongwith the appeal(s)

preferred by them against the judgement of conviction and order of

sentence passed by the Trial Court, while deciding complaints under

Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the NI

Act’).

In all the cases, respective Appellate Court(s), while

allowing the application(s) and suspending the sentence during pendency

of the appeal(s), subjected the appellant(s)/petitioners herein to deposit

20% of the amount of compensation imposed by the Trial Court, within

stipulated time. Feeling aggrieved, the petitioner(s) have approached this

Court by filing the aforementioned petitions.

3. For the sake of brevity, the basic details of these three

petitions have been summed up in tabular form, as under:-

(i) CRM-M-18736-2025:-

1. Complaint No. NACT/1123/2019, under Section 138

of the NI Act.

2. Judgment of conviction 07.02.2025, passed by Judicial

Magistrate Ist Class, Faridabad (Trial

Court)

3. Criminal Appeal No. CRA-102-2025, dated 11.03.2025

4. Date of impugned order 11.03.2025, passed by Additional

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CRM-M-18736-2025 & 08 connected cases 3

Sessions Judge-III, Faridabad

(Appellate Court)

(ii) CRM-M-47266-2025:-

1. Complaint No. 98 of 2018, under Sections 138 to 142

of the NI Act

2. Judgment of conviction 26.05.2025, passed by Sub-Divisional

Judicial Magistrate, Mohindergarh

(Trial Court)

3. Criminal Appeal No. CRA-198-2025, dated 11.06.2025

4. Date of impugned order 11.06.2025, passed by Additional

Sessions Judge, Narnaul (Appellate

Court)

(iii) CRM-M-47186-2025:-

1. Complaint No. NACT-317-2020, under Section 138 of

the NI Act

2. Judgment of conviction 15.04.2024, passed by Judicial

Magistrate Ist Class, Shaheed Bhagat

Singh Nagar (Trial Court)

3. Criminal Appeal No. CRA-64-2024, dated 13.05.2024

4. Date of impugned order 14.05.2024 & 21.07.2025, passed by

Additional Sessions Judge, Shaheed

Bhagat Singh Nagar (Appellate Court)

(iv) CRM-M-40531-2025:-

1. Complaint No. NACT-192-2020, under Section

138/142 of the NI Act read with Section

420 IPC

2. Judgment of conviction 24.03.2025, passed by Sub Divisional

Judicial Magistrate, Hodal, District

Palwal (Trial Court)

3. Criminal Appeal N