IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 03.07.2025 Sarwan Kumar ....Petitioner V/s Sanjay Kumar ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Manoj Kumar Sood, Advocate for the petitioner.

(Through Video Conferencing).

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SUMEET GOEL, J. (Oral)

1. The present petition has been preferred by the petitioner impugning the order dated 07.05.2025 (Annexure P-2) passed by the learned Additional Sessions Judge, Faridabad, to the extent, that the execution of sentence and order appealed against has been suspended qua petitioner (herein) subject to depositing of 20% of the amount of compensation. The relevant portion of the impugned order reads thus:

“Present: Appellant in person with counsel Sh. Kumud Sachdeva, Advocate.

This appeal has been filed against the judgment of conviction dated 04.03.2025 passed by Court of Dr.Sarika, Ld. Judicial Magistrate Ist Class, Faridabad, whereby the appellant has been convicted under Section 138 of the Negotiable Instruments Act; and order on sentence dated 10.03.2025, whereby appellant has been sentenced to undergo imprisonment for a period of six months and to pay compensation to the complainant to the tune of ₹10,00,000-- for committing the said offence.

2. Along with the appeal, appellant moved an application for suspending the sentence and to allow his bail till disposal of the appeal.

3. I am of the view that before giving benefit of Section 389 (3) Cr.P.C and releasing him on bail, reasonable conditions should be Himposed upon the appellant-convict.

4. Learned counsel for the appellant has brought to the notice of this court the provision of Section 148 of the Negotiable Instruments Act, 1881 as inserted by Negotiable Instruments (Amendment)

Act, 2018 dated 2.8.2018, which reads as under:

"148. Power of Appellate Court to order payment pending appeal against conviction (1) Notwithstanding anything contained in the Code or Criminal Procedure, 1973 (2 of 1974), 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 minimum of twenty per cent 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.

(2) The amount referred to in sub-section (1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant.

(3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:

PROVIDED that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at he bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant."

5. In the present case the cheque amount is ₹5,00,000-- and the compensation awarded by Ld. Trial Court is ₹10,00,000--. Having regard to the aforesaid provision i.e. Section 148 of the Negotiable Instruments Act, appellant is directed to deposit an amount of 2,00,000-- i.e. 20% of the compensation amount in the form of bank draft in favour of the complainant within a period of 60 days from today. On deposit of the said draft, it shall be retained on the court file.

In case appeal is not disposed of prior to the validity period of Bank draft, the appellant shall furnish the fresh draft of the same amount with fresh validity period, till the appeal is disposed of. Ordered accordingly. Subject to the aforesaid conditions, appellant is admitted to bail on furnishing bail bond in the sum of ₹75,00