Neutral Citation No. - 2025:AHC:119693 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 20947 of 2025 Applicant :- Propbiz Infra Pvt. Ltd. And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saumya Mishra,Tejasvi Misra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Mr. Tejasvi Misra, learned counsel for the applicant, Mr. S. K. Singh, learned AGA for the State and Mr. Abhishek Gupta, learned counsel for opposite party no.2 and learned AGA for the State. 2. A joint statement has been made by the learned counsels for the parties that the they do not propose to file any affidavit and the application be decided on the basis of the documents available on record. 3. The case of the applicant is that post lodging of the proceedings under Section 138 N. I. Act the applicant came to be convicted by the Presiding Officer, Special Court, 138 N.I. Act, Gautam Budh Nagar in Complaint Case No. 275 of 2024, whereby the applicants herein was sentenced for a period of one year simple imprisonment and with fine of Rs.67 lakhs out of which Rs.65 lakhs were to be paid to the complainant as compensation and Rs. 2 lakhs to be retained in State Exchequer. 4. Assailing the said order, the applicant herein preferred Criminal Appeal No. 23 of 2025 before the District and Sessions Judge, Gautam Budh Nagar (Propbiz Infra Pvt. Ltd. and another Vs. State of U.P. and another) and the court of District and Sessions Judge, Gautam Budh Nagar in Criminal Appeal No. 23 of 2025 proceeded to pass an order staying the conviction and sentence while directing the applicant here to deposit 20% of Rs.65 lakhs within two months in exercise of the powers under Section 148 of the Negotiable Instruments Act. 5. Questing the order dated 28.02.2025 passed by the court of Sessions Judge, Gautam Budh Nagar insofar as it directs deposit of Rs. 20% of Rs.65 lakhs the present application has been preferred. 6. Learned counsel for the applicants submits that the order dated 28.02.2025 passed by Sessions Judge, Gautam Budh Nagar in Criminal Appeal No. 23 of 2025 insofar as it issues a blanket direction for deposit of 20% of Rs.65 lakhs cannot be sustained particularly when the court was under obligation to have considered the case of the applicant as to whether it falls within the exceptional category or not. He further submits that the said exercise is lacking. Reference has been made to the judgments of Hon'ble Apex Court in the case of Jamboo Bhandari vs. M.P. State Industrial Development Corporation LTD and ors, 2023 Live Law (SC) 776 and in the case of Muskan Enterprises and Another vs. State of Punjab and another, passed in Criminal Appeal No. 5491 of 2024 decided on 19, December, 2024. Learned counsel for the applicants submits that the order impugned directs 20% amount to be deposited out of Rs.65 lakhs is set aside and the matter be remitted back to the court below to pass a fresh order. 7. Learned AGA as well as counsel appearing for opposite party no.2 submit that this sword of conviction is hanging on the neck of the applicant, however, they could not dispute the fact that the exercise which was mandated in view of the judgment of Hon'ble Apex Court in Jamboo Bhandari (Supra) and Muskan Enterprises (Supra) has not been adhered to. Accordingly, the order is liable to be set aside and the matter be remitted back to the court below to pass a fresh order. 8. I have heard across the submission so made at bar and perused the record carefully. 9. A perusal of the order dated 28.02.2025 passed in Criminal Appeal No. 23 of 2025 would go to show that though the conviction and sentence and the recovery was stayed but a blanket direction was issued to deposit 20% of Rs.65 lakhs. There is no consideration as to whether the case of the applicant falls within exceptional category or not. The exercise which was to be undertaken by the court below in view of the judgment so noted above has not been done. Accordingly, the Court has no option but to set aside the impugned order. The application is being decided in the following manner:- a) The order dated 28.02.2025 passed by Sessions Judge, Gautam Budh Nagar in Criminal Appeal No.23 of 2025 (Propbiz Infra Pvt. Ltd. And Another Vs. State of U.P. and another) insofar as it directs deposit of 20% of the amount of Rs.65 lakhs is set aside. b) The matter stands remitted back to the court below to pass fresh order. c) Learned counsel for the applicants as well as counsel for opposite party no.2 have made statements as per the instructions received from their respective clients that they would not take unnecessary adjournments. d) Accordingly, the court below is directed to decide the matter afresh in accordance with law without granting unnecessary adjournments and in case any adjournment is sought the same should be in exceptional circumstances that too beyond four days at a stretch. 10. With the aforesaid observation the application stands disposed of. Order Date :- 22.7.2025 AS (Vikas Budhwar,J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad