The High Court
Case Details
2025 CRR-245-2025 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH 119 Ramesh Chand Ramesh Chand CRR-245-2025 Decided on : 29.01.2025 Decided on : 29.01.2025 . . . Petitioner(s) . . . Petitioner(s) Versus Versus Ram Niwas Ram Niwas . . . Respondent(s)
Legal Reasoning
HON'BLE MR. JUSTICE SANJAY VASHISTH CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH CORAM: PRESENT: Mr. Amit Kaith, Advocate PRESENT: for the petitioner(s). **** SANJAY VASHISTH, J. (Oral) SANJAY VASHISTH 1. Present revision petition has been preferred by the petitioner Present revision petition has been preferred by the petitioner Present revision petition has been preferred by the petitioner against the order dated 21.12.2024, passed by the learned Addl. Sessions against the order dated 21.12.2024, passed by the learned Addl. Sessions against the order dated 21.12.2024, passed by the learned Addl. Sessions against the order dated 21.12.2024, passed by the learned Addl. Sessions 2024, filed by the petitioner. Judge, Kurukshetra, passed in CRA-287-2024, filed by the petitioner. Judge, Kurukshetra, pass 2. Ram Niwas Counsel for the petitioner submits that respondent – Ram Niwas Counsel for the petitioner submits that respondent (complainant) filed a complaint against the petitioner under Section 138 of (complainant) filed a complaint against the petitioner under Section 138 of (complainant) filed a complaint against the petitioner under Section 138 of (complainant) filed a complaint against the petitioner under Section 138 of und that, the Negotiable instruments Act, 1881 (in short, ‘NI Act’) on the ground that, the Negotiable instruments Act, 1881 (in short, ‘NI Act’) on the gro the Negotiable instruments Act, 1881 (in short, ‘NI Act’) on the gro being in good relations with the complainant, petitioner had borrowed a sum being in good relations with the complainant, petitioner had borrowed a sum being in good relations with the complainant, petitioner had borrowed a sum being in good relations with the complainant, petitioner had borrowed a sum for depositing the education fee of his son. Petitioner had of Rs.6,00,000/- for depositing the education fee of his son. Petitioner had for depositing the education fee of his son. Petitioner had of Rs.6,00,000/ assured the respondent that he would return the said amount within a period assured the respondent that he would return the said amount within a period assured the respondent that he would return the said amount within a period assured the respondent that he would return the said amount within a period for the said purpose, petitioner issued cheque bearing No. of one month and for the said purpose, petitioner issued cheque bearing No. for the said purpose, petitioner issued cheque bearing No. of one month and , in favour of the 634997, dated 14.08.2019, for a sum of Rs.6,00,000/-, in favour of the 634997, dated 14.08.2019, for a sum of Rs.6,00,000/ 634997, dated 14.08.2019, for a sum of Rs.6,00,000/ complainant. However, when the said cheque was presented respondent – complainant. However, when the said cheque was presented complainant. However, when the said cheque was presented respondent by the respondent – complainant before the Bank, it wa by the respondent s returned by the complainant before the Bank, it was returned by the bank with the report of dishonoured due to “Funds Insufficient” vide memo bank with the report of dishonoured due to “Funds Insufficient” vide memo bank with the report of dishonoured due to “Funds Insufficient” vide memo bank with the report of dishonoured due to “Funds Insufficient” vide memo complainant approached dated 16.08.2019. After that when the respondent – complainant approached dated 16.08.2019. After that when the respondent dated 16.08.2019. After that when the respondent the petitioner for repayment, the petitioner did not pay any heed to his the petitioner for repayment, the petitioner did not pay any heed to his the petitioner for repayment, the petitioner did not pay any heed to his the petitioner for repayment, the petitioner did not pay any heed to his LAVISHA 2025.01.31 20:04 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh 2025 CRR-245-2025 - 2 - request. er submits that a complaint u/s 138 of the NI Act was filed Further submits that a complaint u/s 138 of the NI Act was filed er submits that a complaint u/s 138 of the NI Act was filed complainant, which was decided by the learned Judicial by the respondent – complainant, which was decided by the learned Judicial complainant, which was decided by the learned Judicial by the respondent Magistrate Ist Class, Kurukshetra (learned trial Court) vide its judgment of Magistrate Ist Class, Kurukshetra (learned trial Court) vide its judgment of Magistrate Ist Class, Kurukshetra (learned trial Court) vide its judgment of Magistrate Ist Class, Kurukshetra (learned trial Court) vide its judgment of ial Court vide order of sentence conviction dated 27.11.2024. The learned Trial Court vide order of sentence conviction dated 27.11.2024. The learned Tr conviction dated 27.11.2024. The learned Tr dated 29.11.2024, sentenced the petitioner to undergo simple imprisonment dated 29.11.2024, sentenced the petitioner to undergo simple imprisonment dated 29.11.2024, sentenced the petitioner to undergo simple imprisonment dated 29.11.2024, sentenced the petitioner to undergo simple imprisonment in lieu of the of six months and also to pay compensation of Rs.9,00,000/- in lieu of the of six months and also to pay compensation of Rs.9,00,000/ of six months and also to pay compensation of Rs.9,00,000/ financial loss suffered by the respondent – financial loss suffered by the respondent – complainant. itioner filed an appeal against the judgment of Thereafter, petitioner filed an appeal against the judgment of itioner filed an appeal against the judgment of conviction 27.11.2024 and order of sentence dated 29.11.2024, before the conviction 27.11.2024 and order of sentence dated 29.11.2024, before the conviction 27.11.2024 and order of sentence dated 29.11.2024, before the conviction 27.11.2024 and order of sentence dated 29.11.2024, before the lower Appellate Court along with an application for suspension of sentence lower Appellate Court along with an application for suspension of sentence lower Appellate Court along with an application for suspension of sentence lower Appellate Court along with an application for suspension of sentence during the pendency of appeal. during the pendency of appeal. 3. etitioner argues that the lower Learned counsel for the petitioner argues that the lower Learned counsel for the p Appellate Court while issuing notice in the said appeal and allowing the bail Appellate Court while issuing notice in the said appeal and allowing the bail Appellate Court while issuing notice in the said appeal and allowing the bail Appellate Court while issuing notice in the said appeal and allowing the bail application of the petitioner vide impugned order dated 21.12.2024, granted application of the petitioner vide impugned order dated 21.12.2024, granted application of the petitioner vide impugned order dated 21.12.2024, granted application of the petitioner vide impugned order dated 21.12.2024, granted mount bail to the petitioner subject to deposit of 20% of the compensation amount bail to the petitioner subject to deposit of 20% of the compensation a bail to the petitioner subject to deposit of 20% of the compensation a within a period of 60 days from the date of order, as per Section 148 of the within a period of 60 days from the date of order, as per Section 148 of the within a period of 60 days from the date of order, as per Section 148 of the within a period of 60 days from the date of order, as per Section 148 of the NI Act, without recording any reasons and treating it as an absolute rule, NI Act, without recording any reasons and treating it as an absolute rule, NI Act, without recording any reasons and treating it as an absolute rule, NI Act, without recording any reasons and treating it as an absolute rule, warranting deposit of said compensation amount. warranting deposit of said compensation amount. warranting deposit of said compensation amount. 4. petitioner has In support of his contention, counsel for the petitioner has In support of his contention, counsel for the placed reliance upon judgment of Hon’ble Apex Court rendered in placed reliance upon judgment of Hon’ble Apex Court rendered in Jamb Jamboo M.P. State Industrial Development Corporation Ltd. & Ors., Bhandari v. M.P. State Industrial Development Corporation Ltd. & Ors. M.P. State Industrial Development Corporation Ltd. & Ors. Bhandari , and submits that while 2023(10) SCC 446 : Law Finder Doc Id # 2313888, and submits that while 2023(10) SCC 446 : Law Finder Doc Id # 2313888 2023(10) SCC 446 : Law Finder Doc Id # 2313888 the Negotiable Instruments Act, the Hon’ble considering Section 148 of the Negotiable Instruments Act, the Hon’ble the Negotiable Instruments Act, the Hon’ble considering Section 148 of Apex Court held that in a given situation, the requisite deposit of 20% of the Apex Court held that in a given situation, the requisite deposit of 20% of the Apex Court held that in a given situation, the requisite deposit of 20% of the Apex Court held that in a given situation, the requisite deposit of 20% of the LAVISHA 2025.01.31 20:04 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh 2025 CRR-245-2025 - 3 - compensation amount is not absolute and same can either be reduced or be compensation amount is not absolute and same can either be reduced or be compensation amount is not absolute and same can either be reduced or be compensation amount is not absolute and same can either be reduced or be completely exempted for the reasons to be recorded by Appellate Court. completely exempted for the reasons to be recorded by Appell completely exempted for the reasons to be recorded by Appell For reference, relevant paragraphs of the aforesaid judgment are For reference, relevant paragraphs of the aforesaid judgment are For reference, relevant paragraphs of the aforesaid judgment are reproduced here-under:- reproduced here “6. What is held by this Court is that a purposive interpretation What is held by this Court is that a purposive interpretation What is held by this Court is that a purposive interpretation should be made of Section 148 of the N.I. Act. Hence, normally, Appellate should be made of Section 148 of the N.I. Act. Hence, normally, Appellate should be made of Section 148 of the N.I. Act. Hence, normally, Appellate justified in imposing the condition of deposit as provided in justified in imposing the condition of deposit as provided in Court will be justified in imposing the condition of deposit as provided in Section 148. However, in a case where the Appellate Court is satisfied Section 148. However, in a case where the Appellate Court is satisfied Section 148. However, in a case where the Appellate Court is satisfied that the condition of deposit of 20% will be unjust or imposing such a that the condition of deposit of 20% will be unjust or imposing such a that the condition of deposit of 20% will be unjust or imposing such a appeal of the condition will amount to deprivation of the right of appeal of the condition will amount to deprivation of the right of appellant, exception can be made for the reasons specifically recorded. appellant, exception can be made for the reasons specifically recorded. appellant, exception can be made for the reasons specifically recorded. 7. Therefore, when Appellate Court considers the prayer under Therefore, when Appellate Court considers the prayer under Therefore, when Appellate Court considers the prayer under Section 389 of the Cr.P.C. of an accused who has been convicted for Section 389 of the Cr.P.C. of an accused who has been convicted for Section 389 of the Cr.P.C. of an accused who has been convicted for ct, it is always open for the offence under Section 138 of the N.I. Act, it is always open for the offence under Section 138 of the N.I. A Appellate Court to consider whether it is an exceptional case which Appellate Court to consider whether it is an exceptional case which Appellate Court to consider whether it is an exceptional case which warrants grant of suspension of sentence without imposing the condition warrants grant of suspension of sentence without imposing the condition warrants grant of suspension of sentence without imposing the condition of deposit of 20% of the fine/compensation amount. As stated earlier, if of deposit of 20% of the fine/compensation amount. As stated earlier, if of deposit of 20% of the fine/compensation amount. As stated earlier, if Court comes to the conclusion that it is an exceptional Court comes to the conclusion that it is an exceptional the Appellate Court comes to the conclusion that it is an exceptional case, the reasons for coming to the said conclusion must be recorded. case, the reasons for coming to the said conclusion must be recorded. The submission of the learned counsel appearing for the original The submission of the learned counsel appearing for the original 8. The submission of the learned counsel appearing for the original ore the High complainant is that neither before the Sessions Court nor before the High complainant is that neither before the Sessions Court nor bef Court, there was a plea made by the appellants that an exception may be Court, there was a plea made by the appellants that an exception may be Court, there was a plea made by the appellants that an exception may be made in these cases and the requirement of deposit or minimum 20% of made in these cases and the requirement of deposit or minimum 20% of made in these cases and the requirement of deposit or minimum 20% of the amount be dispensed with. He submits that if such a prayer was not the amount be dispensed with. He submits that if such a prayer was not the amount be dispensed with. He submits that if such a prayer was not ere no reasons for the Courts to consider ere no reasons for the Courts to consider made by the appellants, there were no reasons for the Courts to consider the said plea. 9. We disagree with the above submission. When an accused applies We disagree with the above submission. When an accused applies We disagree with the above submission. When an accused applies under Section 389 of the Cr.P.C. for suspension of sentence, he normally under Section 389 of the Cr.P.C. for suspension of sentence, he normally under Section 389 of the Cr.P.C. for suspension of sentence, he normally t any applies for grant of relief of suspension of sentence without any applies for grant of relief of suspension of sentence withou condition. Therefore, when a blanket order is sought by the appellants, condition. Therefore, when a blanket order is sought by the appellants, condition. Therefore, when a blanket order is sought by the appellants, the Court has to consider whether the case falls in exception or not. the Court has to consider whether the case falls in exception or not. In these cases, both the Sessions Courts and the High Court have In these cases, both the Sessions Courts and the High Court have In these cases, both the Sessions Courts and the High Court have 10. proceeded on the erroneous premise that deposit of minimum 20% proceeded on the erroneous premise that deposit of minimum 20% amount is an absolute rule which does not accommodate any exception. amount is an absolute rule which does not accommodate any exception. amount is an absolute rule which does not accommodate any exception. 11. The learned counsel appearing for the appellants, at this stage, The learned counsel appearing for the appellants, at this stage, The learned counsel appearing for the appellants, at this stage, states that the appellants have deposited 20% of the compensation states that the appellants have deposited 20% of the compensation states that the appellants have deposited 20% of the compensation matter to be examined by the High Court. amount. However, this is the matter to be examined by the High Court. 12. In these circumstances, we set aside the impugned orders of the In these circumstances, we set aside the impugned orders of the In these circumstances, we set aside the impugned orders of the High Court and restore the revision petitions filed by the appellants High Court and restore the revision petitions filed by the appellants High Court and restore the revision petitions filed by the appellants before the High Court. We direct the parties to appear before the roster before the High Court. We direct the parties to appear before the roster before the High Court. We direct the parties to appear before the roster Bench of the High Court on 09.10.2023 in the morning to enable the ch of the High Court on 09.10.2023 in the morning to enable the ch of the High Court on 09.10.2023 in the morning to enable the High Court to fix a date for hearing of the revision petitions. As the High Court to fix a date for hearing of the revision petitions. As the High Court to fix a date for hearing of the revision petitions. As the contesting parties are before the Court, it will not be necessary for the contesting parties are before the Court, it will not be necessary for the contesting parties are before the Court, it will not be necessary for the High Court to issue a notice of the date fixed for hearing. The High High Court to issue a notice of the date fixed for hearing. The High Court, after hearing the parties, will consider whether 20% of the amount Court, after hearing the parties, will consider whether 20% of the amount Court, after hearing the parties, will consider whether 20% of the amount is already deposited or not. If the Court comes to the conclusion that 20% is already deposited or not. If the Court comes to the conclusion that 20% is already deposited or not. If the Court comes to the conclusion that 20% examine the Revision of the amount is not deposited, the Court will re-examine the Revision of the amount is not deposited, the Court will re Petitions in the light of what we have observed in this judgment. Till the he light of what we have observed in this judgment. Till the he light of what we have observed in this judgment. Till the disposal of the restored Revision Petitions, the interim order passed by disposal of the restored Revision Petitions, the interim order passed by disposal of the restored Revision Petitions, the interim order passed by this Court ordering suspension of sentence will continue to operate.” this Court ordering suspension of sentence will continue to operate.” 5. LAVISHA 2025.01.31 20:04 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh ng through the Having heard counsel for the petitioner and going through the Having heard counsel for the petitioner and goi 2025 CRR-245-2025 - 4 - proposition of law, laid down by the Hon’ble Apex Court in Jamb proposition of law, laid down by the Hon’ble Apex Court in proposition of law, laid down by the Hon’ble Apex Court in Jamboo , I am of the considered view that this petition can Bhandari’s case (supra), I am of the considered view that this petition can , I am of the considered view that this petition can Bhandari’s case be disposed of without issuing notice to the other side, by relegating the be disposed of without issuing notice to the other side, by relegating the be disposed of without issuing notice to the other side, by relegating the be disposed of without issuing notice to the other side, by relegating the re the learned Court below, where the appeal of the petitioner to appear before the learned Court below, where the appeal of the re the learned Court below, where the appeal of the petitioner to appear befo petitioner is pending adjudication, with liberty to raise all such pleas there. petitioner is pending adjudication, with liberty to raise all such pleas there. petitioner is pending adjudication, with liberty to raise all such pleas there. petitioner is pending adjudication, with liberty to raise all such pleas there. 6. Accordingly, impugned order dated 21.12.2024, is hereby set Accordingly, impugned order dated 21.12.2024, is hereby set- ount within a to the extent of deposit of 20% of the compensation amount within a to the extent of deposit of 20% of the compensation am aside to the extent of deposit of 20% of the compensation am period of 60 days. period of 60 days. Petitioner through his counsel is directed to appear before the Petitioner through his counsel is directed to appear before the Petitioner through his counsel is directed to appear before the learned Court below on or before 10.02.2025. Upon appearance of the learned Court below on or before 10.02.2025. Upon appearance of the learned Court below on or before 10.02.2025. Upon appearance of the learned Court below on or before 10.02.2025. Upon appearance of the petitioner and hearing him, the learned Court below shall pass fresh orders petitioner and hearing him, the learned Court below shall pass fresh orders petitioner and hearing him, the learned Court below shall pass fresh orders petitioner and hearing him, the learned Court below shall pass fresh orders to the condition of deposit of 20% of the compensation amount. with regard to the condition of deposit of 20% of the compensation amount. to the condition of deposit of 20% of the compensation amount. with regard 7.
Decision
Petition stands disposed of accordingly. Petition stands disposed of accordingly SANJAY VASHISTH) (SANJAY VASHISTH JUDGE January 29, 2025 January 29, 2025 J.Ram Whether speaking/reasoned: Whether speaking/reasoned: Whether Reportable: Whether Reportable: Yes/No Yes/No LAVISHA 2025.01.31 20:04 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh