IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

121 CRM-M-3861-2025(O&M)

M/s Devgan Rice and General Mills . . . . Petitioner Vs.

M/s Jasbir Bhullar Trading Company and anr . . . . Respondents

124 CRM-M-4402-2025(O&M)

Piyush Aggarwal . . . . Petitioner Vs.

Satya Parkash Singal and anr . . . . Respondents

124-2 CRM-M-4405-2025(O&M)

Piyush Aggarwal . . . . Petitioner Vs.

Pritam Parkash Aggarwal and anr . . . . Respondents Date of Decision:28.01.2025 ****

CORAM: HON’BLE MR. JUSTICE SANJAY VASHISTH ****

Present: Mr.Umesh Aggarwal, Advocate for the petitioner(in CRM-M-3861-2025).

Mr. Sarun Hans, Advocate For the petitioner(s)

(in CRM-M-4402-2025 and CRM-M-4405-2025)

***

SANJAY VASHISTH, J.

1. By this common order the aforesaid three petitions are being disposed of, which have arisen out of three different orders passed by the different Courts. However, the common question for consideration before this Court, involved in all the three petitions, is that;

“Whether the order/direction of making payment of 20% of the compensation amount/cheque amount under Section 148 of the Negotiable Instruments Act, 1881 is sustainable or not in law, especially in view of the directions passed by the Hon’ble Apex Court”

Directions in all the impugned orders have been issued by the learned lower Appellate Court(s), while deciding the application(s) for suspension of sentence/bail during the pendency of the appeal(s) before it. Hence, all three petitions are decided together.

2. The aforementioned petitions have been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS, 2023’), challenging orders dated 24.12.2024 (in CRM-M-3861-2025), 16.12.2024 (in CRM-M-4402- 2024) and 16.12.2024(in CRM-M-4405-2024) respectively, whereby Appellate Court(s) while granting bail to the petitioners, imposed a condition for depositing 20% of the amount of compensation/cheque amount awarded by learned Trial Court in the proceedings of Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the Act of 1881’)

In CRM-M-3861-2025, learned Sub Divisional Judicial Magistrate, Patti in NACT/232/2016 has found the petitioner guilty of committing an offence under Section 138 of the Act of 1881 and thereupon sentenced to undergo rigorous imprisonment for a period of six month alongwith fine of Rs.5,000/-. Petitioner was further directed to pay compensation of Rs.2,00,000/- (Rupees two lacs only)

to the complainant(s)(respondent(s) herein) as per Section 357(3) Cr.P.C.

The Appellate Court (Sessions Court, Tarn Taran) while granting bail to the petitioner directed him to deposit 20% of the cheque amount.

In CRM-M-4402-2025, learned Judicial Magistrate First Class, Hisar in NACT/1454/2020 has found the petitioner guilty of committing an offence under Section 138 of the Act of 1881 and thereupon sentenced to undergo simple imprisonment for a period of one year. Petitioner was further directed to pay compensation of Rs.22,50,000/- (Rupees twenty-two lacs and fifty thousand only) to the complainant (respondent herein) as per Section 143(1) (Proviso) of the Act 1881, read with Section 357(1)(3) Cr.P.C within a period of one month from the passing of the Judgment.

The Appellate Court (Additional Sessions Judge, Hisar), while granting bail to the petitioner directed him to pay 20% of the compensation amount and on its’

deposit, balance amount shall remain stayed.

In CRM-M-4405-2025, learned Judicial Magistrate First Class, Hisar in NACT/1453/2020 has found the petitioner guilty of committing an offence under Section 138 of the Act of 1881 and thereupon sentenced to undergo simple imprisonment for a period of one year. Petitioner was further directed to pay compensation of Rs.30,00,000/- (Rupees thirty lacs only) to the complainant (respondent herein) as per Section 143(1) (Proviso) of the Act 1881, read with Section 357(1)(3) Cr.P.C within a period of one month from the passing of the Judgment. The Appellate Court (Additional Sessions Judge, Hisar), while granting bai