Order 6

Order Details: COPY OF ORDER
Pdf Text: C.A. No. 204/2025
Ajay Sharma Vs. State of NCT of Delhi & Another
P.S. : Vasant Kunj (North)
30.03.2026
Present : Mr. Ambuj Tiwari & Mr. Kishan Yadav,
Ld. Counsel for Appellant with Appellant in person.
Mr. Naveen Arya & Mr. Guruansh Jagwani,
Ld. Counsel for respondent.
An application under section 148 NI Act seeking
waiver/suspension of deposit of 20% of the amount is pending disposal.
Arguments on application are heard. Record perused.
It is submitted on behalf of appellant that appellant is not
able to deposit the interim compensation amount and he is facing severe
financial hardship. The appeal filed by the Appellant is likely to succeed
on merits and therefore, it would be onerous for the Appellant to deposit a
hefty interim compensation amount. It is submitted that the Court is duly
empowered to exercise discretion in favour of the Appellant in this
regard.
Ld. Counsel for the Appellant has relied upon Muskan
Enterprises and Another Vs. The State of Punjab and Another, Crl. Appeal
No. 5491/2024, decided on 19.12.2024 by the Hon’ble Apex Court in
support of his arguments.
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On the other hand, Ld. Counsel for the respondent has argued
that the application is devioid of merits in the light of M/s. R.A. Santana
Marketing Services Pvt. Ltd. Vs. J.M.K. Technologies Pvt. Ltd. &
Another, Crl. Appeal No. 3635/2025, decided by Hon’ble Supreme Court
on 20.08.2025.
Appellant was directed to deposit the interim compensation
amount to the tune of 20% vide order dated 07.07.2025, which is unpaid
till date. During the course of arguments, it is admitted by the Appellant
that apart from the present case, he is also facing trial in three complaints
under Section 138 NI Act which is suggestive of the fact that his
antecedents are not up to the mark so that discretion may be exercised by
the Court in his favour.
In the application, it is simply stated that Appellant is facing
financial hardship and no other particular regarding financial constraints
have been described/disclosed by the Appellant. Therefore, the ground is
vague in nature. The Appellant could have explained his financial
constraints in his support of his application.
I am in agreement with Ld. Counsel for the respondent and
the observations of Hon’ble Supreme Court in M/s. R.A. Santana
Marketing Pvt. Ltd. (Supra), wherein it is held that in absence of any
reason by the accused, his assertion that he is not financially capable to
deposit the interim compensation amount, is not going to serve any
purpose for the accused. It was held that personal liberty is paramount,
but suspension of sentence is being done on the condition and if that
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condition is not followed, then interim protection is liable to be revoked.
In that case, appellant failed to deposit the compensation
amount and his bail was cancelled by the Appellate Court. However,
Hon’ble High Court decided the matter in favour of the accused and
waived the condition to deposit the interem compensation amount.
Subsequently, Hon’ble Apex Court held that order of Appellate Court was
right and accused was rightly taken into custody as he failed to comply
with the conditions attached with the interim protection given to him.
Keeping in view the vague ground pleaded on behalf of
Appellant, I do not find any merit in the present application and it is
dismissed accordingly.
Appellant is directed to deposit the interim compensation
amount within 20 days from today before this Court.
Put up for arguments on appeal on 06.06.2026.
(Dhirendra Rana)
ASJ-07/PHC/New Delhi
30.03.2026.
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