CRM-M/48044/2026 of MUKESH KUMAR Vs JASBIR SINGH on 27 August 2026

1. Petition under Section 528 of BNSS (formerly Section 482 Cr.P.C.) has been filed for quashing of impugned order dated 15.05.2026 (Annexure P-9), passed by the learned Addl. Sessions Judge, SAS Nagar in CRA No. 183 of 2023 dated 15.11.2023 whereby the order dated 15.11.2023 granting suspension of sentence to the petitioner was revoked for not being able to deposit 20% of the compensation amount as ordered vide judgment dated 11.10.2023 passed by learned Judicial Magistrate First Class, SAS Nagar in NACT/333/2019 dated 18.04.2019 under Section 138 of the Negotiable Instruments Act.

2. Learned counsel for the petitioner contends that the condition of depositing 20% of the amount awarded by the learned Appellate Court is not compliable as the petitioner is not in a position to pay the said amount as he is a heart and kidney patient. It is argued by learned counsel for the JANKI BHATT

petitioner that the impugned order is not sustainable in the eyes of law as learned appellate Court, while giving such direction, failed to consider the fact that the deposit of 20% of the compensation amount was not absolute requirement for suspension of sentence and this condition was to be imposed in exceptional circumstances. Hence, it is urged that the impugned order passed by the learned appellate Court is liable to be set aside.

3. Reliance has been placed on in case “Jamboo Bhandari vs. M. P. State Industrial Development Corporation Ltd. And others” (2024) 1 SCC (Cri) 90, wherein Hon’ble Supreme Court has held that deposit of 20% of the compensation amount was not an absolute requirement for suspension of sentence, if the Court is satisfied that the condition of such deposit will be unjust or imposing of such a condition will amount to deprivation of the right of appeal of the appellant.

4. After perusing the medical record (Annexure P-7), it is evident that the petitioner is a heart and kidney patient and is not in a position to deposit 20% of the amount. Accordingly, the impugned order dated 15.05.2026 (Annexure P-9), passed by the learned Addl. Sessions Judge, SAS Nagar in CRA No. 183 of 2023 dated 15.11.2023 whereby the order dated 15.11.2023 granting suspension of sentence to the petitioner was revoked is set aside. Let the petitioner be released on bail without any condition. However, the petitioner is further directed to ensure that the appeal, which is pending before the learned Appellate Court, shall be argued on the date fixed and he will not seek unnecessary adjournments and will not adopt dilatory tactics to prolong the decision of the appeal unless the Court itself chooses to adjourn the matter for some justifiable reason. In the event of the petitioner failing to appear before the learned Appellate Court for JANKI BHATT

arguing the appeal, the benefit of this order shall stand withdrawn.

5. Disposed of in the above terms.

6. Pending miscellaneous application(s), if any, shall also stand disposed of.

(H.S.GREWAL) 27.08.2026

JUDGE Janki Whether speaking/reasoned : Yes/No Whether reportable : Yes/No JANKI BHATT