Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528 – Criminal Procedure Code (Old) – Sections 389(3), 437, 438, 439, 482 – Negotiable Instruments Act, 1881 – Section 148 – Suspension of sentence – Condition to deposit 20% compensation – Scope of interference under Section 528 BNSS – Applicability of Supreme Court decisions in Surinder Singh Deswal @ S.S. Deswal and Jamboo Bhandari v. M.P. State Industrial Development Corporation – Exceptional cases where deposit condition may be dispensed with – Appellate Court must record reasons – Impugned order directing deposit of 20% compensation set aside – Matter remanded for fresh consideration.

Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528 –
Criminal Procedure Code (Old) – Sections 389(3), 437, 438, 439, 482 –
Negotiable Instruments Act, 1881 – Section 148 – Suspension of sentence –
Condition to deposit 20% compensation – Scope of interference under Section 528 BNSS – Applicability of Supreme Court decisions in Surinder Singh Deswal @ S.S. Deswal and Jamboo Bhandari v. M.P. State Industrial Development Corporation – Exceptional cases where deposit condition may be dispensed with – Appellate Court must record reasons – Impugned order directing deposit of 20% compensation set aside – Matter remanded for fresh consideration.

Held:
Ordinarily, an appellate court is justified in imposing the mandatory 20% deposit condition under Section 148 NI Act while considering suspension of sentence under Section 389(3) CrPC (now Section 430 BNSS). However, in terms of the law laid down by the Supreme Court in Jamboo Bhandari and Surinder Singh Deswal @ S.S. Deswal, an exception can be made where imposing such deposit would be unjust or would effectively deprive the accused of the right of appeal, provided specific reasons are recorded.
In the present case, the dispute is squarely covered by the earlier decision of the High Court in Crl.P. No.5914 of 2024; hence, the direction to deposit 20% of the compensation amount is unsustainable. Impugned order set aside; matter remitted to the Appellate Court for reconsideration. Suspension of sentence to continue until reconsideration, subject to the petitioner’s appearance.