1 2025:CGHC:13732 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1016 of 2025 1 - Rajkumar Bharti S/o Laxmi Narayan Bharit Aged About 28 Years R/o Village Chhote Seepat Police Station Malkharauda, District - Sakti (C.G.) (Accused ) ... Petitioner(s) versus 1 - Shyam Sundar Banjare S/o Ram Banjare Aged About 38 Years R/o Village Jagannath Puram Sakti Police Station Sakti District - Sakti (C.G.) (Complainant) ... Respondent(s) For Petitioner(s) : Ms. Maya Chaturvijani, Advocate For Respondent(s) : None (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 21/03/2025 The present petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed against the order dated 20.01.2025 passed by the learned First Additional Sessions Judge, Sakti, Janjgir-Champa in Criminal Appeal No.. 02/2025 whereby the petitioner has been granted bail subject to the condition that he shall deposit 20% of the fine amount. Counsel for the petitioner submtis thakltl imposition of the 2 condition for deposition of 20% of the fine amount is illegal as per law laid down by the Apex Court, therefore the said condition of deposition of 20% fine amount may be waived. Heard learned counsel for the petitioner and perused the records and found that the learned Sessions Court has imposed monetary condition of payment of 20% of the fine amount for suspension of sentence whereas as per the provisions of Section 148 of the Negotiable Instruments Act, 1881, imposition of such condition is not mandatory, therefore, I am inclined to allow this petition. Accordingly, the condition imposed by learned Session Court for payment of 20% of the fine amount is set aside. However, the respondent is at liberty to file application before the Sessions Court under Section 148 of the NI Act, 1881 and on such application being filed, the Session Court after giving opportunity of hearing to the parties shall decide the application by a speaking and reasoned order and shall decide the same in accordance with law. Accordingly, the instant petition stands allowed to the extent indicated above. Consequently, all the pending applications, if any, shall stand disposed of. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.25 16:13:24 +0530