CRM-M-3861-2025 an IN THE 121 M/s Devgan Rice and M/s Jasbir Bhullar Tr 124 Piyush Aggarwal Satya Parkash Singal 124-2 Piyush Aggarwal Pritam Parkash Agga CORAM: HON’B Present: Mr.Ume for the p Mr. Saru For the p (in CRM 25 and other connected cases THE HIGH COURT OF PUNJAB CHANDIGARH CRM ice and General Mills Vs. llar Trading Company and anr CRM Vs. Singal and anr CRM Vs. Aggarwal and anr **** ON’BLE MR. JUSTICE SANJAY V **** Umesh Aggarwal, Advocate r the petitioner(in CRM-M-3861-2025 r. Sarun Hans, Advocate or the petitioner(s) n CRM-M-4402-2025 and CRM-M-44 NJAB AND HARYANA AT CRM-M-3861-2025(O&M) . . . . Petitioner . . . . Respondents CRM-M-4402-2025(O&M) . . . . Petitioner . . . . Respondents CRM-M-4405-2025(O&M) . . . . Petitioner . . . . Respondents Date of Decision:28.01.2025 JAY VASHISTH 2025). 4405-2025) ioner s ioner dents ioner dents 2025 RASHMI 2025.02.13 19:18 I attest to the accuracy and integrity of this document CRM-M-3861-2025 an *** SANJAY VASHIST ' +, - ( *(( + ( ! 0 ' $ !%! !"!%/ 6!!" +. /( !"# + . 3* 25 and other connected cases HISTH, J. ( ) * && (( , (( +. / ( ( $ $ !"!2. !!"!%. +459592&69!"!1/ !"!%. +45959%%"19!"!%/ ( $ 2&' &&7/ + + ( (( !"# $ %& ( ( 7( *8 ( ( . / (. / (( ( $ 1!& 3'$$!"!27/ (( /6!!"!%. +45959%%"!9 ( *(( ( 0( '() * && (( ( & RASHMI 2025.02.13 19:18 I attest to the accuracy and integrity of this document CRM-M-3861-2025 an ) '*+0!2!!"6 $ 2& ( . 0*(( ) '*+0%1%!"!" $ 2& ( &&$ < 0*(( ( ) '*+0%12!"!" $ 2& 25 and other connected cases ( $- ( * && 8 ( 4 !" . /. . / / $ (+.$ +0 0 !"# ( < ( 5 " ( * && : 4 !!1""""9.4 9 . / $ $ 21;./.2/+:+ (+.* ($ < !"# (( ( < ( 5 " ( * && : (< (5 : 4 1"""9 : """""9.4 ( (/ $ 21;.2/+:+ 0 /( ( 5 = +( ( ( (/ %2./.: /* < /( ( 7 5 = +( ( / ( / ( 7 ( RASHMI 2025.02.13 19:18 I attest to the accuracy and integrity of this document CRM-M-3861-2025 an 4 . / $ 21;./.2/ + < 0* ( ( ! ) (( . ( ( ( $ %&* > 7($+ ( $ 2 ) && > +8 25 and other connected cases 4 2""""""9 .4 ( / $ %2./ .: / +:+ ((+.* ($ !"# (( ( ( / . /( * 7( $ + ( * && ( . / ( + 7( *8 + $ %&* && (? (( !"# 8 > ( ( (/ ( / * && < /( 7 ( ( !"# ( 0( + > *((+ (( ( ( ? % (& ! "# $! %& & ' ( ? $ %&* *(( 8 ( ( RASHMI 2025.02.13 19:18 I attest to the accuracy and integrity of this document CRM-M-3861-2025 an + ? # ) * % , % $!. ) / % * (( ( . / !"!2 (, 25 and other connected cases !" (( > ( 7(*8+ 3 45 %# "+! ) / ' ( - % 7 &3 ' ( 0 1! ! 2 8 !"# ? = (( $ %& 7 ' # ! ! ! # !"# (( (( . /( ( 5 ) 6 2 ! ' ( 0 .!$1.2 3&9 2 ! % : + ( + ( $ %2" '$$ 2&@ +:+ 5 8 ! " ! ! ! # $ RASHMI 2025.02.13 19:18 I attest to the accuracy and integrity of this document CRM-M-3861-2025 an 1 ) +:+( + 6 ) + %& % %&* (A 25 and other connected cases ! $% & ! " ' $ ( $ ! " ) $ ! ! * $ $( " '$$ (( = + (( 2 ' & # %5 ) ; ? && 4( ! + ! $) ! ! $$ ( ( *((+ 9 ( 7(*8 !$<# $$ % # $2 $ ( RASHMI 2025.02.13 19:18 I attest to the accuracy and integrity of this document CRM-M-3861-2025 an 25 and other connected cases 5. The paragraph `8' of the decisio Singh Deswal Alias Colonel S.S. Deswal thus: - "8. Now so far as the subm even considering the lang as amended, the appella deposit such sum which sh compensation awarded b not "shall" and therefore appellate court has constr to the learned Senior A contrary to the provisio amended is concerned, c the NI Act as a whole to and Reasons of the amend used is "may", it is gene "shall" and not to direct exception for which assigned. Therefore amen power upon the appellate to direct the appellant-ac not be less than 20% of application filed by the application filed by section 389 CrPC, 1973 is required to be constru amended section 148 of th or compensation awarde deposited and that such period of 60 days from further period not exceed appellate court for suffic Therefore, if amended se interpreted in section 148 the NI Act. The Negotiab from time to time so as to cases relating to the offen to see that due to delay t the dishonoured cheques obtaining stay in the proc payee of a dishonoured c time and resources in the of the cheque and ha compromised the sanctity has thought it fit to amen such a purposive interpre Objects and Reasons of t Act and also section 138 cision of this Court in the case of Surinder swal and Others (2019) 11 SCC 341 reads submission on behalf of the appellants that language used in section 148 of the NI Act pellate court "may" order the appellant to ch shall be a minimum of 20% of the fine or ed by the trial court and the word used is fore the discretion is vested with the first onstrued it as mandatory, which according or Advocate for the appellants would be visions of section 148 of the NI Act as d, considering the amended section 148 of e to be read with the Statement of Objects mending section 148 of the NI Act, the word generally to be construed as a "rule" or rect to deposit by the appellate court is an hich special reasons are to be mended section 148 of the NI Act confers llate court to pass an order pending appeal accused to deposit the sum which shall of the fine or compensation either on an the original complainant or even on the by the appellant-accused under 73 to suspend the sentence. The aforesaid strued considering the fact that as per the the NI Act, a minimum of 20% of the fine arded by the trial court is directed to be such amount is to be deposited within a om the date of the order, or within such ceeding 30 days as may be directed by the ufficient cause shown by the appellant. section 148 of the NI Act is purposively 148 of the NI Act, but also section 138 of otiable Instruments Act has been amended as to provide, inter alia, speedy disposal of offence of the dishonour of cheques. So as lay tactics by the unscrupulous drawers of ques due to easy filing of the appeals and proceedings, an injustice was caused to the ed cheque, who has to spend considerable n the court proceedings to realise the value having observed that such delay has ctity of the cheque transactions. Parliament mend section 148 of the NI Act. Therefore, erpretation would be in furtherance of the of the amendment in section 148 of the NI 38 of the NI Act. der ads hat Act to or is irst ing be as of cts ord or an be ers eal all an the der aid the ine be a ch the nt. ely of ed l of as of nd the ble lue has ent re, the NI RASHMI 2025.02.13 19:18 I attest to the accuracy and integrity of this document CRM-M-3861-2025 an ju A fo p fo fi 25 and other connected cases 6. What is held by this Court is tha made of section 148 of the N.I. Act. Hen justified in imposing the condition of However, in a case where the Appellate deposit of 20% will be unjust or impos deprivation of the right of appeal of the ap reasons specifically recorded. 7. Therefore, when Appellate C section 389 of the Cr.P.C., 1973 of an offence under section 138 of the N.I. Appellate Court to consider whether it is grant of suspension of sentence without im of the fine/compensation amount. As state to the conclusion that it is an exceptional c conclusion must be recorded. 8. The submission of the learned complainant is that neither before the Sess there was a plea made by the appellants t cases and the requirement of deposit dispensed with. He submits that if such a there were no reasons for the Courts to co 9. We disagree with the above subm section 389 of the Cr.P.C., 1973 for suspe for grant of relief of suspension of sente when a blanket order is sought by the whether the case falls in exception or not. 10. In these cases, both the Sessio proceeded on the erroneous premise that absolute rule which does not accommodat 11. The learned counsel appearing f that the appellants have deposited 20% o this is the matter to be examined by the Hi 12. In these circumstances, we set High Court and restore the revision petit High Court . We direct the parties to a High Court on 09.10.2023 in the morning for hearing of the revision petitions. A the Court , it will not be necessary for the fixed for hearing. The High Court , aft whether 20% of the amount is already dep conclusion that 20% of the amount is no the Revision Petitions in the light of what the disposal of the restored Revision P this Court ordering suspension of sentence s that a purposive interpretation should be Hence, normally, Appellate Court will be of deposit as provided in Section 148. late Court is satisfied that the condition of mposing such a condition will amount to he appellant, exception can be made for the Court considers the prayer under an accused who has been convicted for .I. Act, it is always open for the it is an exceptional case which warrants ut imposing the condition of deposit of 20% stated earlier, if the Appellate Court comes nal case, the reasons for coming to the said rned counsel appearing for the original Sessions Court nor before the High Court , nts that an exception may be made in these sit or minimum 20% of the amount be h a prayer was not made by the appellants, to consider the said plea. ubmission. When an accused applies under uspension of sentence, he normally applies sentence without any condition. Therefore, the appellants, the Court has to consider not. essions Courts and the High Court have that deposit of minimum 20% amount is an odate any exception. ing for the appellants, at this stage, states 0% of the compensation amount. However, e High Court . aside the impugned orders of the petitions filed by the appellants before the to appear before the roster Bench of the ning to enable the High Court to fix a date ns. As the contesting parties are before the High Court to issue a notice of the date , after hearing the parties, will consider y deposited or not. If the Court comes to the is not deposited, the Court will re-examine hat we have observed in this judgment. Till n Petitions, the interim order passed by tence will continue to operate. be be . of to the der for the nts 0% es aid nal , ese be , der lies re, der ave an tes er, the the the ate ore ate der the ine Till by RASHMI 2025.02.13 19:18 I attest to the accuracy and integrity of this document CRM-M-3861-2025 an ; ) 3 45 ' ; , 25 and other connected cases 5 ) 2 ' & # 7( 2 ' ; & ( 5 , 67 4 , - . 0 8 9, : ! 0 ! ! , ! ! " ! 6! 2 ; 0 8$ ; , ' ! 8& ; ! & <%% ' 9<=>%% ?0 7 4 =5>%%=1>%%; %@ 9<5>%% <8>% 3 3 %% ! $ " ! (*8+ ( A 4 3 0 . /$%%012 0 8$ 9, ! " " ! 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