Neutral Citation No. - 2025:AHC:67862 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 2434 of 2025 Applicant :- Pal Motors Proprietor Krishna Pal Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adya Prasad Tewari Counsel for Opposite Party :- Aishwarya Pratap Shahi,G.A.,Parijat Srivastava Hon'ble Vikas Budhwar,J. 1. Heard Sri Prateek Shukla holding brief of Sri Adhya Prasad Tiwari, learned counsel for the applicant and Sri Sandeep Srivastava, learned AGA for the State and Sri Aishwarya Pratap Shahi for the opposite party no. 2. 2. This application u/s 528 of BNSS has been preferred for quash the impugned order dated 03.01.2025 passed by the Learned Sessions Judge, Sant Kabir Nagar in Criminal Appeal No.1 of 2025 Krishna Pal Yadav Vs. State of U.P. and another arising out of a proceeding u/s 138, Negotiable Instrument Act, 1881 so far as it relates to a direction to the applicant to deposit 50% of fine as awarded by the Trial Court. 3. A joint statement has been made by the learned counsel for the parties that they do not propose to file any affidavits and the application be decided on the basis of the documents available on record. With the consent of the parties, the application is being decided at the fresh stage. 4. Learned counsel for the applicant has submitted that a complaint stood lodged by the opposite party no. 2 against the applicant under Section 138 of the NI Act, which was registered as Criminal Case No. 2813 of 2008 and by virtue of an order dated 09.12.2024, the applicant was convicted, against the same, the applicant preferred an appeal under Section 415 of the BNSS along with an application for staying of the conviction as well as recovery of the amount taking certain grounds. However, the Court of Session Judge, Sant Kabir Nagar in Criminal Appeal No. 1 of 2025 on 03.01.2025 though accorded bail to the applicant but directed deposit of 50% of the amount as determined to be paid by the trial court. 5. Questioning the order dated 03.01.2025, the present application has been filed. 6. Learned counsel for the applicant has submitted that the lower appellate court had directed for the payment of 50% as compensation of the total amount which is not only excessive but it is not in conformity and in consonance with the law laid down by the Hon'ble Apex Court in the case of Jamboo Bhandari v. M.P. State Industrial development; 2023 (10) SCC 466 and Muskan Enterprises vs The State Of Punjab: 2024 INSC 1046. 7. Submission is that under exceptional circumstances the requirement of the deposit of minimum amount of 20% can be dispensed with, however, the court below in a mechanical manner has ordered for payment of 50% which without there being any discussion on reason, thus, he submits that the order be set aside and the matter be remitted back. 8. Sri Shahi as well as learned AGA submits that though the law in this regard is crystalized in Jamboo Bhandari (supra) and Muskan Enterprises (supra) and probably the mandate in the said judgment has not been considered while passing the order which is subject matter of challenge, thus, according to him, the order dated 03.01.2025 passed by the Sessions Judge, Sant Kabir Nagar in Criminal Appeal No. 1 of 2025 be set aside, matter be remitted back to the court below to decide the matter afresh within the time bound period. Learned counsel for the applicant has no objection to the same. 9. Considering the submission so made across the bar and the stand so taken by them, the application stands allowed. The order dated 03.01.2025 passed by the court of Sessions Judge, Sant Kabir Nagar in Criminal Appeal No. 1 of 2025, insofar as it relates to deposit of 50% of the total amount as determined by the court below as compensation is set aside. The matter is remitted back to the court below to pass a fresh order strictly in accordance with law. 10. Since the applicant as well as the opposite parties are represented through their counsel, thus, it would be deemed that they have full knowledge of the order passed today, accordingly, they shall file the certified copy of the order passed today by 09.05.2025 before the court below and the court below shall take all endeavours to decide the same with most expedition without granting any adjournment in that regard. Order Date :- 29.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad