1 / 2 2025:CGHC:5239 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2707 of 2024 1 - Khemdev Sahu Mines And Minerals Through - Khemdev Sahu, S/o Pardeshi Ram Sahu, Aged About 50 Years, Village Kendai, Tahsil Dhamdha, District : Durg, Chhattisgarh ... Petitioner versus 1 - Harsh Yadav S/o Krishi Raman Yadav Aged About 31 Years A/5 Cross Street No. 02, Ashsish Nagar, West Risali Bhilai, District : Durg, Chhattisgarh ... Respondent For Petitioner : Mr. H.B. Agrawal, Sr. Adv. Along with Ms. A. Sandhya Rao, Advocate For Respondent : Ms. Pooja Sinha, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 29/01/2025 1. The instant petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed against the order dated 08/08/2024 passed by the Second Additional District & Sessions Judge, Durg, District Durg, C.G. in CRA No.247/2024 whereby the bail was granted to the petitioner on a condition that he shall deposit 20% of the fine amount. 2. Learned counsel for the petitioner would submit that imposition of condition for depositing 20% of the fine amount is illegal as per the law ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.04 11:13:58 +0530 2 / 2 laid down by the Apex Court, therefore, the said condition of depositing 20% fine amount may be waived. 3. Per contra, learned counsel for the respondent would submit that the order of the court below is well merited which do not call for any interference. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection and found that the learned appellate 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 and accordingly the condition imposed by the learned appellate Court for payment of 20% of the fine amount is set aside. However, the respondent is at liberty to file application before the appellate Court under Section 148 of the N.I. Act, 1881 and on such application being filed, the appellate 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. 5. Accordingly, the instant petition stands allowed to the extent indicated above. Consequently, all the pending interlocutory applications, if any, also stand disposed of. SD/- (Arvind Kumar Verma) JUDGE ashu