IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 03.03.2025 Amit Kumar @ Shakti Gilla ...Petitioner Versus Avinash Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH Present: Mr. Ankit Bishnoi, Advocate for the petitioner.

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KARAMJIT SINGH, J. (ORAL)

1. The present petition under Section 528 of BNSS 2023 has been filed for setting aside of order dated 03.12.2024 (Annexure P-3) passed by the Court of Additional Sessions Judge, Fazilka in CRA-374/2024 titled as Amit Kumar @ Shakti Gilla Vs. Avinash Kumar whereby the sentence of the petitioner/convict under Section 138 of Negotiable Instruments Act has been suspended, subject to the condition to deposit 20% of amount of the compensation awarded by the trial Court, within a period of next 90 days.

2. The counsel for the petitioner submits that complainant/respondent filed criminal complaint under Section 138 of NI Act against the petitioner wherein on conclusion of trial, the petitioner was convicted and sentenced to RI for a period of two years and to pay compensation 1.5 times the cheque amount and in default to further undergo SI for a period of three months under Section 138 NI Act by the Court of J