HARWINDER SINGH Vs. MOHAN LAL

JUDGEMENT

(1.) Present petition has been filed under Sec. 482 Cr.P.C. for quashing the order dtd. 20/8/2021 (;ure P-l) passed by the Additional Sessions Judge, Sangrur in CRA-54-2021, arising out of complaint no. NACT-593-2018 (Annexure P-2), whereby the petitioner has been directed by the Court below to deposit an amount of Rs.500,000.00, i.e. 20% of the total compensation amount while exercising its power under Sec. 148 of the Negotiable Instruments Act, 1881 (in short 'the N.I. Act').

(2.) The brief facts of the case are that respondent Mohan Lal had filed a complaint under Sec. 138 N.I. Act (as amended up to date) read with Sec. 420 IPC against the present petitioner, on the ground that the petitioner had issued a cheque bearing no.663611 dtd. 1/3/2018 for Rs.9,00,000.00 and another cheque bearing no.663614 dtd. 1/3/2018 for Rs.8,50,000.00 drawn on Punjab National Bank, Sangrur and upon dishonour of the same, on -caccount of "insufficient funds", the complaint under Sec. 138 N.I. Act read with Sec. 420 IPC was filed after issuance of legal notice to the petitioner herein. The Judicial Magistrate 1st Class, Sangrur, vide judgment dtd. 22/7/2021 convicted the petitioner under Sec. 138 N.I. Act and sentenced him to undergo rigorous imprisonment for two years along with fine of Rs.5000.00 in default of which further rigorous imprisonment for one month was awarded. In addition to the above, the respondent-complainant was also awarded a total amount of Rs.25.00 lacs as compensation which included the cheque amount of Rs.17,50,000.00 and an additional amount of Rs.7,50,000.00. The petitioner filed an appeal before the Additional Sessions Judge, Sangrur along with the application under Sec. 389 Cr.P.C. for suspension of sentence and his release on bail during the pendency of the appeal. While disposing off the application for suspension of sentence of the applicant, the Additional Sessions Judge directed the petitioner to deposit 20% of total compensation amount awarded by the trial Court within 60 days from the date of that order and it had been further stated that if the petitioner fails to pay 20% of the total compensation amount within the stipulated period, the order of suspension of sentence shall stand automatically vacated. The relevant portion of said order (Annexure P-l) is reproduced hereinbelow:-

(3.) Aggrieved by the said order, the present petitioner has filed the present petition.