Purushottam Lal Sahu vs Rishi Ram Sahu(Deceased) Lr Raja Alias Praveen Sahu

NEUTRAL CITATION NO. 2026:MPHC-JBP:42953
1 MCRC-22678-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE HIMANSHU JOSHI
th
ON THE 16 OF JUNE, 2026
MISC. CRIMINAL CASE No. 22678 of 2026
PURUSHOTTAM LAL SAHU
Versus
RISHI RAM SAHU(DECEASED) LR RAJA ALIAS PRAVEEN SAHU
Appearance:
Shri Aman Sahu - Advocate for applicant.
ORDER
This petition under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 has been preferred by the applicant seeking quashment of the
order dated 11.03.2026 (Annexure A/1) and order dated 22.04.2026
th
(Annexure A/3) passed by the learned 27 Additional Sessions Judge,
Jabalpur in Criminal Appeal No.197/2026 as well as the consequential order
dated 25.04.2026 (Annexure A/4) passed by the learned Judicial Magistrate
First Class, Jabalpur in Case No. MJCR/2888/2026.
2. The factual matrix of the case reveals that the applicant was convicted
in Case No. SC/NIA/12972/2007 and preferred an appeal under Section 415
of BNSS along with an application under Section 430 BNSS for suspension
of sentence. Vide order dated 11.03.2026 (Annexure A/1), the appellate
Court suspended the sentence subject to furnishing personal bond and surety
bond of Rs.20,000/- and further directed the applicant to deposit 25% of the
compensation amount in view of Section 148 of the Negotiable Instruments
Signature Not Verified
Signed by: PANKAJ NAGLE
Signing time: 25-06-2026
10:31:01

NEUTRAL CITATION NO. 2026:MPHC-JBP:42953
2 MCRC-22678-2026
Act, 1881. The applicant thereafter deposited a sum of Rs.62,500/- vide

challan dated 17.03.2026 and moved an application under Section 148(2) of
the Negotiable Instruments Act seeking extension of time for depositing the
balance amount on the ground that he is an old person of 66 years suffering
from various ailments and facing financial hardship. The said application was
dismissed by the appellate Court vide order dated 22.04.2026 (Annexure
A/3), directing compliance of the earlier order. Consequent thereto, the
learned JMFC, Jabalpur by order dated 25.04.2026 (Annexure A/4) cancelled
the bail bonds and issued arrest warrant against the applicant for non-
compliance of the condition imposed by the appellate Court.
3. Learned counsel for the applicant submitted that the impugned orders
are arbitrary and unsustainable in law. It was contended that the applicant
had substantially complied with the order dated 11.03.2026 by depositing
Rs.62,500/- and had demonstrated bona fide intention to comply with the
remaining condition. It was argued that the appellate Court failed to consider
the exceptional circumstances pleaded by the applicant, namely his advanced
age, medical condition and lack of sufficient financial resources. Reliance
was placed upon Annexure A/2, being the application filed under Section
148(2) of the Negotiable Instruments Act, and upon the decision of the
Hon’ble Supreme Court in the case of Jamboo Bhandari vs. M.P. State
Industrial Development Corporation Ltd., 2023 (10) SCC 446, wherein it
was held that deposit under Section 148 of the Negotiable Instruments Act is
not an inflexible rule and exceptional circumstances may justify relaxation. It
was further submitted that the learned JMFC committed a jurisdictional error
Signature Not Verified
Signed by: PANKAJ NAGLE
Signing time: 25-06-2026
10:31:01

NEUTRAL CITATION NO. 2026:MPHC-JBP:42953
3 MCRC-22678-2026
in cancelling the bail bonds and issuing arrest warrant without considering

that the applicant was not absconding and had not deliberately violated the
order of the appellate Court.
4. Having heard learned counsel for the applicant and upon perusal of the
record, this Court finds that the order dated 11.03.2026 (Annexure A/1)
suspending the sentence was passed subject to specific conditions, including
deposit of 25% of the compensation amount. The applicant admittedly
deposited only part of the amount and sought extension of time through the
application filed under Section 148(2) of the Negotiable Instruments Act
(Annexure A/2). The appellate Court considered the said application and
rejected it vide order dated 22.04.2026 (Annexure A/3).
5. However, it is equally true that the power under Section 148 of the
Negotiable Instruments Act is discretionary and not mandatory in every case.
The order dated 22.04.2026 indicates that the appellate Court did not
extensively examine the specific grounds of age, medical condition and
financial hardship raised by the applicant. At the same time, this Court is of
the opinion that outright quashment of the orders impugned is not warranted,
particularly when the applicant has admittedly not complied with the entire
condition imposed by the appellate Court.
6. In the considered opinion of this Court, the ends of justice would be
served by balancing the right of the applicant to prosecute the appeal with
the statutory object underlying Section 148 of the Negotiable Instruments
Act. Consequently, while declining to quash the order dated 11.03.2026
(Annexure A/1), this petition is partly allowed. The order dated 22.04.2026
Signature Not Verified
Signed by: PANKAJ NAGLE
Signing time: 25-06-2026
10:31:01

NEUTRAL CITATION NO. 2026:MPHC-JBP:42953
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(Annexure A/3) and the consequential order dated 25.04.2026 (Annexure

t h
A/4) are set aside. The matter is remanded to the learned 27 Additional
Sessions Judge, Jabalpur for fresh consideration of the applicant’s
application seeking extension of time after taking into account the grounds
raised therein, including age, medical condition, financial hardship and the
amount already deposited by the applicant. Till such reconsideration, the
arrest warrant issued pursuant to order dated 25.04.2026 shall remain stayed.
The applicant shall appear before the appellate Court on 05.08.2026 from the
date of receipt of a copy of this order and shall continue to cooperate in the
proceedings. The petition stands disposed of accordingly.
7. It is made clear that this Court has not expressed any opinion on the
merits of the appeal pending before the appellate Court.
(HIMANSHU JOSHI)
JUDGE
pn

Signature Not Verified
Signed by: PANKAJ NAGLE
Signing time: 25-06-2026
10:31:01