2026:UHC:2493 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.592 of 2026 Hon’ble Alok Mahra, J. Mr. Gaurav Singh, Advocate for the applicant. 2. The present application has been filed by the applicant seeking quashing of the order dated 17.10.2025 passed by the learned Sessions Judge, Haridwar in Criminal Appeal No. 133 of 2025, to the extent whereby the applicant has been directed to deposit 20% of the compensation amount in terms of Section 148 of the Negotiable Instruments Act before the court below. 3. As per the case of the applicant, a complaint under Section 138 of the Negotiable Instruments Act was instituted against him by the respondent. The learned Magistrate, after taking cognizance, summoned the applicant and, upon conclusion of trial, vide judgment and order dated 27.09.2025, convicted the applicant for the offence under Section 138 of the Act and sentenced him to undergo two months’ simple imprisonment along with compensation of ₹1,40,000/-, out of which ₹1,35,000/- was directed to be paid to the complainant and ₹5,000/- to be deposited in the government treasury. 4. Aggrieved by the said judgment, the applicant preferred a criminal appeal. The learned Sessions Judge, Haridwar, vide order dated 17.10.2025, admitted the appeal and granted bail to the applicant on furnishing a personal bond 2026:UHC:2493 of ₹30,000/- with two sureties of the like amount. However, the Appellate Court further directed the applicant to deposit the fine amount of ₹5,000/- and 20% of the compensation award. 5. Learned counsel for the applicant submits that the applicant is a person of limited financial means and is not in a position to deposit 20% of the compensation amount. It is further contended that the impugned order directing deposit of 20% compensation has been passed in a mechanical manner without recording any reasons or considering the financial capacity of the applicant, which is a relevant factor while exercising discretion under Section 148 of the Act. 6. Having considered the submissions and perused the record, it is evident that though Section 148 of the Negotiable Instruments Act empowers the Appellate Court to direct deposit of a minimum of 20% of the compensation, the provision is directory in nature as regards the exercise of judicial discretion, and such discretion is required to be exercised judiciously and not in a routine or mechanical manner. The Appellate Court is expected to assign reasons, particularly when the accused raises a plea regarding financial hardship. 7. In the present case, the order impugned does not disclose any reasons as to why the maximum permissible threshold of 20% has been directed to be deposited, nor does it reflect consideration of the financial condition of the applicant. The absence of such reasoning renders the order, to that extent, unsustainable. 2026:UHC:2493 8. Considering the overall facts and circumstances of the case, particularly the financial constraints pleaded by the applicant, and in order to balance the rights of both parties, this Court deems it appropriate to modify the impugned order. 9. Accordingly, the order dated 17.10.2025 passed by the learned Sessions Judge, Haridwar is modified to the extent that the applicant shall deposit 10% of the compensation amount instead of 20%, within such time as may be granted by the Court below. The learned Sessions Judge is further directed to make an endeavour to hear and decide the Criminal Appeal expeditiously, preferably within a period of two months’ from the date of production of a certified copy of this order. 10. The criminal misc. application is, accordingly, disposed of. (Alok Mahra, J.) 08.04.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb73 93398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9874463 51E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.09 10:07:38 +05'30' 2026:UHC:2493