Neutral Citation No. - 2025:AHC:142866 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 1581 of 2025 Applicant :- Irfan Hussain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Kumar Shukla Counsel for Opposite Party :- Krishn Kumar,G.A.,Praveen Shrivastav Hon'ble Vikas Budhwar,J. 1. Heard Sri Devendra Kumar Singh, learned counsel for applicant, Sri Vikas Sharma, learned State Law Officer for the State and Krishn Kumar and Praveen Shrivastav, learned counsel for opposite party No.2. 2. A joint statement has been made by the learned counsel for the parties that they do not propose to file any affidavit and the application be decided on the basis of documents available on record. With the consent of the parties the application is being decided at the fresh stage. 3. This application under Section 528 B.N.S.S. has been filed by the applicant to set aside the condition imposed upon the applicant to deposit 20% of the fine amount i.e. Rs.3,20,000/- vide order dated 25.11.2024 passed In-charge Sessions Judge, Jhansi in Crl. Appeal No.90 of 2024 (Irshad Hussain Vs. State and another) under Section 415 B.N.S.S., arising out of Complaint Case No.1269 of 2010, under Sections 138, 141 N.I. Act, P.S. Sipri Bazar, District Jhansi. 4. The case of the applicant is that post lodging of the complaint under Section 138 of N.I. Act the applicant came to be convicted on 25.10.2024 under Section 138 of the N.I. Act while imposing punishment of imprisonment of six months and fine of rupees sixteen lakhs by the court of Additional Chief Judicial Magistrate, Civil Judge (C.D.)/F.T.C. (14th Finance Commission), Jhansi in Complaint Case No.1269 of 2010. 5. Against the conviction order the applicant preferred a Crl. Appeal No.90 of 2024 (Irshad Hussain Vs. State and another) along with an application for staying of the conviction sentence and recovery and on 25.11.2024 the Court of In-charge Sessions Judge, Jhansi proceeded to pass an order staying the conviction and sentence recovery subject to the deposit of 20% of the fine as determined by the trial court. 6. Questioning the said order the present application has been preferred. 7. Learned counsel for applicant has submitted that the order dated 25.11.2024 passed by the court below cannot be sustained for the simple reason that the case of the applicant has not been considered whether it falls under exceptional category or not and blanket direction has been issued for depositing of 20% fine/compensation as determined by the trial court in the teeth of the judgment by the Hon'ble Apex Court in Jamboo Bhandari v. M.P. State Industrial development; 2023 (10) SCC 466. He thus submits that the order be set aside and the matter be remitted back. 8. Learned AGA as well as learned counsel for opposite party no.2 on the other hand submits that the sword of the conviction is hanging on the neck of the applicant, however, they could not dispute the fact that the consideration as mandated in Jamboo Bhandari (Supra) has not been taken note of. They submit that the order be set aside, matter remitted back to the court below. 9. I have heard submissions so made across the bar and perused the record. 10. Apparently, post dishonour of cheque in filing of complaint the applicant came to be convicted against which an appeal came to be preferred wherein the conviction sentence and recovery was stayed subject to deposit of 20% fine. There has been no consideration of exceptional category which the court under obligation who have considered as per the mandate in Jumboo Bhandari (Supra). Since the aforesaid exercise is lacking does the order cannot be sustained. Accordingly, the application is being decided in the following terms: (A) The order 25.11.2024 passed by the Court of In-charge Session Judge, Jhansi in Crl. Appeal No.90 of 2024 (Irshad Hussain Vs. State and another) in so far as it directs the applicant to deposit 20% of the compensation and the fine is set aside. (B) The matter stands remitted back to the court below to pass a fresh order. (C) For Facilitation in earlier disposal the parties shall submit the certified copy of the orders by 29.8.2025. (D) The Court below shall pass a fresh order strictly in accordance with law. 11. Accordingly, the application disposed of. Order Date :- 20.8.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad