CRM-M-8942-2025 IN THE 135 Amnish Khunger Harbans Singh Popli CORAM: HON’B Present: Mr. Ash for the p *** SANJAY VASHIST !"#$ % ' )) * + / % 0! $)##$*0)- THE HIGH COURT OF PUNJAB AT CHANDIGARH Dat Vs. Popli **** ON’BLE MR. JUSTICE SANJAY V **** Ashok Kumar Khunger, Advocate r the petitioner. HISTH, J. )3)) /12 + 4 5 +6 #& )! + ,- ( . /12 )! JAB AND HARYANA ARH CRM-M-8942-2025 Date of Decision:18.02.2025 . . . . Petitioner . . . . Respondent JAY VASHISTH ocate #! ))#$* 90- % %:0 ( ( ; .8 dent ! 0 RASHMI 2025.02.18 18:57 I attest to the accuracy and integrity of this document CRM-M-8942-2025 ( ( - ( % $)##$ /1 )3)) )$ ( ( % . !3 ( ( #& % "#$ /12 )#$ * 9 0- #& < )3))#$ (. )3))#$ ( 6 , !( 3 %% )! ( ( " ( ( $ % : )######"0* % % . ( . . , % "# ( ( . % ( % 6 ,% RASHMI 2025.02.18 18:57 I attest to the accuracy and integrity of this document CRM-M-8942-2025 ! % ( = % ( % = % )3))#$ $ % & '( %./0$ = 6 . ( 9 7 "# % /$ #& % 6(. % .( ( % 6 , + ( )#$ 6 , 9 % )$ )$ . 9 $ % . 3 , /$ ( ( & ( 8( /12 ( , 9 % "# 12 *+,- ( ( ( #& % .( 2 6 ,9 ,& &4! 8 9 ! RASHMI 2025.02.18 18:57 I attest to the accuracy and integrity of this document CRM-M-8942-2025 ) )$ ( ) 8 (> 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 Cr.P.C., 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 = . , * - 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 1973 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 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 RASHMI 2025.02.18 18:57 I attest to the accuracy and integrity of this document CRM-M-8942-2025 ju A fo p fo fi 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 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 mornin 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 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. 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 N.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 lue has ent re, the NI be be . of to the der for the nts 0% es aid nal , ese be nts, der lies re, der ave an tes er, the the the ate ore ate der the ine Till RASHMI 2025.02.18 18:57 I attest to the accuracy and integrity of this document CRM-M-8942-2025 2 ( the disposal of the restored Revision P this Court ordering suspension of sentence 5 12 ( > + ! " # ! $ % ! % % $ % n Petitions, the interim order passed by tence will continue to operate. ' ( 9% ) ! ! * ! & by * RASHMI 2025.02.18 18:57 I attest to the accuracy and integrity of this document CRM-M-8942-2025 % ) ++ * ,- ) 4 % ) % ) % , % . % ) ++ * ++ + + ++++ ') /01)5) $ + + ,-." -/0 123 + ++ + % $ ) + + * ,-." + + + + " -/0 " ' ') + % + RASHMI 2025.02.18 18:57 I attest to the accuracy and integrity of this document CRM-M-8942-2025 $ = % # +6! 7 ) ( 12 ( 6 ! .( 8 $ % ( .(( " $ :; !) 121/ " ) + " " ) % 4 8 6 9 (*< < >#)# " % ( 6 ,9% 1 2 % * % - ( 6 ,9% 12 % /01)5)< " ) *% ,. ') -0 6 -= > 1211 " ) *% ) % %:;0;0!?)0 9 6! : ; #-( 0 2 # % ( ( ( )3))#$ *0- , 9 % "# % ( "#$ % ( RASHMI 2025.02.18 18:57 I attest to the accuracy and integrity of this document CRM-M-8942-2025 2 ( #& = % @ ' "" 4 - 1 2 9 ( ( . 9 #& ( 8 % ( ( . '( #$ ! ? ? 9 (. % )3))#$ *0- ( . ( . )$ ( $#%&#'()' *+, 6 78 6 78 RASHMI 2025.02.18 18:57 I attest to the accuracy and integrity of this document