S. No. 44 Regular Cause List INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 519/2023 JAVID AHMAD TOTA …Appellant(s)/Petitioner(s) Through: Mr. Faisal Javed, Advocate Vs. PARVAIZ AHMAD SHEIKH ...Respondent(s) Through: Mr. Sajad A Sofi, Advocate CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE ORDER 05.02.2025 This petition challenges the order of the court of 3rd Additional District and Sessions Judge, Srinagar, (appellate court) dated 31.08.2023, passed in his application for suspension of sentence and punishment till final disposal. Appellate Court allowed petitioner’s application. It kept order of sentence dated 10.08.2023, of the court of City Magistrate, Srinagar (Trial Court) suspended till disposal of the appeal, admitting appellant to bail subject to furnishing of bail and personal bond in the amount of Rs.50,000/-. It, however, also directed appellant to deposit 20% of fine amount i.e. Rs.92,000/- before Nazir within a period of one month from the date of order Appellant is aggrieved of impugned order qua deposit of 20% of fine amount on the ground that the time provided by appellate court to deposit 20% of fine amount is not in accordance with the provisions contained in Section 148 of Negotiable Instrument Act. Section 148 provides 60 days’ time 60 days. And that such direction could not have been passed because the order passed by the Trial court is not well reasoned order and imposition of such condition is not mandatory. In support of his contention, he referred to judgement dated 10.04.2007 passed by the Supreme Court in Appeal (crl.) 521 of 2007 titled as Dilip S. Daahanukar v. Kotak Mahindra Co. Ltd and another; judgement dated 15.12.2020, passed by Punjab and Haryana High Court in CRM-M-15131 of 2020 (O&M) titled as Sudarshan Kumar v. Manish Machanda; judgement dated 04.09.2023, passed by the Supreme Court in Criminal Appeal No.2741 of 2023 titled as Jamboo Bhandari v. M.P.State Industrial Development Corporation Ltd & ors. I have heard and considered the submissions made by the learned counsel for the petitioner. Petitioner has been convicted and sentenced by the Trial court on 10.08.2023, while deciding a complaint filed under Section 138 of the Act, filed by the respondent. The said order of conviction and sentence has been challenged by petitioner in an appeal before the Appellate Court, and in the application seeking suspension of the sentence, the appellate court has directed to deposit 20% of the fine amount. Section 148 of the Act provides for such a condition, therefore, same cannot be said to be unreasonable condition. However, as per the provision as contained in Section 148 of the Act, the said amount is required to be deposited within a period of 60 days but the Trial court has granted him only 30 days; to that extent the order impugned is not in consonance with the provisions of Section 148 of the Act. Petitioner was required to be given 60 days’ time for depositing the amount. The judgement referred to by the learned counsel for the petitioner, in view of the provisions contained in Section 148 of the Act need not be discussed and/or relied upon for rendering this judgement/order because Section 148 itself provides for such condition to be imposed by the Sessions Judge. Therefore, this Court deems it appropriate not to interfere in the impugned order insofar as it relates to deposit ofc 20% of the fine amount, and to that extent, the instant petition is dismissed. However, so far as the time given/provided by the appellate court is concerned, it ought to have granted 60 days’ time to petitioner, but it has granted him only 30 days. The time provided by the appellate court is, therefore, extended from today. The amount shall be deposited within 60 days from today. This petition, in view of the above shall stand disposed of. Since this petition is pending and conviction was recorded in 2023, therefore, the amount shall be deposited within the period of 60 days from today and there should be no extension. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 05.02.2025 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 07.02.2025 11:17