CRM-M-47567 IN THE HIGH COURT OF PUNJAB & HARYANA 116 Lal Chand Baser Gagan Car Bazar CORAM: HON'BLE MR. Present : Mr. Mr. MS Bajwa, DAG, Punjab AMAN CHAUDHARY, J. (Oral) 1. The present petition has been filed under Section for quashing of order dated Sessions Judge, vs. Gagan Car Bazar’ to deposit 20% of the 2. Learned counsel submits that years, was suspended vide order dated will deposit 20% of Section 148 of the NI Act. The imposition of such stringent and onerous condition, vide the impugned order, is unjust be quashed on account of financial status. 3. Heard. 47567-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Lal Chand Baser Versus Gagan Car Bazar and another HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Mr. Deshpreet Singh, Advocate for the petitioner. Mr. MS Bajwa, DAG, Punjab. ***** AMAN CHAUDHARY, J. (Oral) The present petition has been filed under Section for quashing of order dated 04.07.2025 Annexure P Sessions Judge, Fazilka in case bearing CRA-219 vs. Gagan Car Bazar’, whereby the petitioner was admitted to bail on a condition % of the compensation amount. Learned counsel submits that the sentence of the petitioner was suspended vide order dated 04.07.2025 20% of the compensation amount within a period of 60 days of Section 148 of the NI Act. The imposition of such stringent and onerous condition, vide the impugned order, is unjust. H be quashed on account of he being the sole bread earner of the family and Heard. -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-47567-2025 (O&M) Date of decision: 09.09.2025 … Petitioner ... Respondents JUSTICE AMAN CHAUDHARY , Advocate for the petitioner. The present petition has been filed under Section 528 of BNSS, 2023 Annexure P-2 passed by the Additional 219-2025, titled as ‘Lal Chand Baser whereby the petitioner was admitted to bail on a condition the sentence of the petitioner, aged 44 07.2025, subject to the condition that within a period of 60 days in view of Section 148 of the NI Act. The imposition of such stringent and onerous He prays that the same be liable to he being the sole bread earner of the family and poor 2025 (O&M) .09.2025 528 of BNSS, 2023 Additional Lal Chand Baser whereby the petitioner was admitted to bail on a condition , aged 44 condition that he in view of Section 148 of the NI Act. The imposition of such stringent and onerous liable to poor ASHOK KUMAR 2025.09.10 14:06 I attest to the accuracy and integrity of this document CRM-M-47567-2025 -2- 4. Reference is made to the judgment of Hon’ble the Supreme Court in Jamboo Bhandari vs. MP State Industrial Development Corporation Ltd. 2023(10) SCC 446, the relevant paras whereof reads thus: “6. What is held by this Court is that a purposive interpretation should be made of Section 148 of the N.I. Act. Hence, normally, Appellate Court will be justified in imposing the condition of deposit as provided in Section 148. However, in a case where the Appellate Court is satisfied that the condition of deposit of 20% will be unjust or imposing such a condition will amount to deprivation of the right of appeal of the appellant, exception can be made for the reasons specifically recorded. 7. Therefore, when Appellate Court considers the prayer under Section 389 of the Cr.P.C. of an accused who has been convicted for offence under Section 138 of the N.I. Act, it is always open for the Appellate Court to consider whether it is an exceptional case which warrants grant of suspension of sentence without imposing the condition of deposit of 20% of the fine/compensation amount. As stated earlier, if the Appellate Court comes to the conclusion that it is an exceptional case, the reasons for coming to the said conclusion must be recorded.” 5. In Muskan Enterprises and another vs. State of Punjab 2024 SCConline SC 4107, Hon’ble the Supreme Court remitted the matter to the Sessions Court to re-examine the issue of ordering deposit by observing that, “Whether sufficient ground has been made out by the appellants to persuade the Sessions Court not to order any deposit is left entirely to its discretion and satisfaction. We do not express any opinion on the plea that the appellants have sought to advance before us, lest any party seeks to derive any advantage. All points are left open.” 6. In light of the aforesaid, the condition imposed to deposit 20% of compensation under Section 148-A of the Act in the order dated 04.07.2025 is set aside. The learned Appellate Court to reconsider the matter afresh, as per the ASHOK KUMAR 2025.09.10 14:06 I attest to the accuracy and integrity of this document CRM-M-47567-2025 -3- observations made in the aforesaid judgments, granting an opportunity to the petitioner. 7. Till the decision is taken, sentence of the petitioner shall remain suspended. The petitioner is directed to appear through his counsel before the learned Appellate Court on or before 26.09.2025, failing which, this order shall stand vacated automatically. 8. Disposed of accordingly. (AMAN CHAUDHARY) JUDGE 09.09.2025 ashok Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2025.09.10 14:06 I attest to the accuracy and integrity of this document