JAGPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of two cases bearing CRM-M-7418-2020 and CRM-M-7425-2020, in which common question of law and facts are involved. However, for the sake of convenience, the facts are being taken from CRM-M-7418-2020-Jagpal Singh Vs. State of Haryana and another.

(2.) Present petition has been filed under Section 482 Cr.P.C. for quashing of order dated 14.10.2019 (Annexure PI) passed in CRA-381-2019 dated 14.08.2019 titled as 'Jagpal Singh Vs. Sumitra Devi' in Complaint No.3871/2015 dated 31.07.2015 titled as 'Smt. Sumitra Devi Vs. Jagpal Singh' passed by Additional Sessions Judge, Gurugram whereby it has been ordered that in case of failure of the petitioner to deposit 20% of the cheque amount, the bail of the petitioner will be cancelled, the same being against the provision of Section 148(2) of the Negotiable Instruments Act, 1881 (for short, 'the Act') and also in violation of the judgment passed by this Court in CRM-M-29187-2019 titled as 'Vivek Sahni and another Vs. Kotak Mahindra Bank Ltd'

(3.) A criminal complaint under Section 138 of the Act was filed against the petitioner on the ground that a cheque of Rs. 15,00,000/- given by the petitioner to the respondent-complainant towards the discharge of a legally enforceable debt, was dishonoured on 26.05.2015 on account of "Funds Insufficient". After serving legal notice, the complainant filed a complaint under Section 138 of the Act. Two similar complaints were also filed by the complainant whereby two more cheques of Rs. 15,00,000/- each given by the petitioner were dishonoured. The complaint was contested by the petitioner. Eventually, vide judgment dated 09.07.2019, the trial Court convicted the petitioner and vide order dated 11.07.2019 (Annexure P2) imposed a sentence of simple imprisonment for six months and compensation to the tune of Rs.19,00,000/-. Against the said judgment, the petitioner filed an appeal along with an application under Section 389(3) Cr.P.C. for suspension of sentence. The appeal came up for hearing before the Sessions Court on 21.08.2019 (Annexure P3) whereby it was adjourned to 14.10.2019 to enable the petitioner to file the certified copy of the judgment. The Appellate Court also directed the petitioner to deposit 20% of the cheque amount on the adjourned date. On 14.10.2019 (Annexure PI),the Appellate Court granted one month's additional time to the petitioner for deposit of the said amount. While adjourning the appeal to 11.11.2019, the Appellate Court ordered that 20% of the cheque amount be deposited on the adjourned date or else, his bail will be cancelled. The petitioner has challenged the order dated 14.10.2019 (Annexure PI) in the present petition.