VARISHABH ENTERPRISES Vs. AMARJIT SINGH

JUDGEMENT

(1.) Prayer in the present petition is for setting aside the order dtd. 4/2/2025 passed by learned Additional Sessions Judge, Ludhiana in a case bearing No.CRA/629 of 2024, whereby, as per the provisions of Sec. 148 of the Negotiable Instruments Act, 1881 (for short, 'the Act'), the petitioners have been directed to deposit 20% of the compensation amount imposed by learned trial Court.

(2.) It has been contended by learned counsel for the petitioner that the respondent-complainant filed a complaint under Sec. 138 of the Act and on the conclusion of the trial, learned trial Court convicted the petitioner vide judgment and order dtd. 5/6/2024 and sentenced him to undergo two years rigorous imprisonment alongwith the compensation for an amount of Rs.36,39,372.00. He submits that the petitioner assailed the same by way of filing an appeal before learned Appellate Court and alongwith the appeal, he filed an application for suspension of sentence. It is submitted that learned appellate Court while deciding the application for suspension of sentence, directed the petitioner to deposit 20% of the compensation awarded by learned trial Court to the respondent-complainant. This order was assailed by the petitioner before this Court by way of filing this Court vide order dtd. 29/10/2024, set aside the same directing the Appellate Court to pass fresh order in view of the law laid down by Hon'ble Supreme Court in Jamboo Bhandari vs M.P.State Industrial Development Corporation Ltd. and others, 2024 (1) SCC (Cri) 90. He submits that on remanding the matter, now learned Appellate Court has passed the impugned order which is unsustainable in the eyes of law and thus, the same deserves to be set aside. It is further submitted that this Court while remanding the matter directed the Appellate Court to appreciate the exceptional circumstances existing in view of the law laid down in Jamboo Bhandari's case (supra), but learned Appellate Court failed to appreciate the same and thus, has again illegally directed the petitioner to deposit 20% of the compensation amount. He has submitted that Hon'ble Supreme Court has held that 20% of compensation amount cannot be directed to be paid in a mechanical manner by the accused. He has submitted that learned Appellate Court has passed the impugned order dtd. 4/2/2025 in a mechanical manner without there being any application having been filed by respondent- complainant under Sec. 148 of the Act. He, thus, submits that the impugned order being in violation of law laid down in Jamboo Bhandari's case (supra) deserves to be set aside.

(3.) After hearing learned counsel for the petitioner and perusing the record, it is deciphered that the petitioner has approached this Court in the second round of litigation. This Court vide order dtd. 29/10/2024 had set aside the earlier order passed by learned Appellate Court and directed to decide the case in view of the law laid in Jamboo Bhandari's case (supra). Learned Appellate Court issued notice to the respondent and appreciated the arguments raised by both the sides on the anvil of law settled. For resolving the controversy involved in the present case, appreciation of provisions of Sec. 148 of the Act, is required, which reads as under:-