Sat Parkash Kajal @ Sat Parkash v. Vijay









 

 








CRM-M-24658-2026 



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"# SAT PARKASH KAJAL @ SAT PARKASH  



 VIJAY










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, -./ The present petition has been filed under Section 528 of BNSS, 2023 for setting aside the order dated 11.06.2025 and order dated 09.12.2025 passed by learned Additional Sessions Judge, Kurukshetra in Criminal Appeal bearing No. CRA 148 of 2025 in NACT-1019 of 2017 titled as "Naresh Kumar versus Gourav Kumar" against the judgment of conviction dated 10.03.2025 and order of sentence dated 11.03.2025 passed by the Judicial Magistrate 1st Class, Kurukshetra in a criminal complaint under Section 138 of Negotiable Instruments Act, NACT/120/2020 titled as "Vijay versus Sat Parkash Kajal" vide which petitioner has been awarded the sentence for a period of six months simple imprisonment and also directed to

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pay the compensation of Rs. 12,00,000/- to the complainant-respondent during the pendency of appeal.

2.

Vide the impugned order dated 05.12.2025, the trial Court had directed cancellation of the bail granted to the petitioner and ordered forfeiture of the surety bonds upon failure of the petitioner to comply with the order dated 11.04.2025 by virtue whereof, petitioner was required to deposit 20% of the compensation amount within a period of 60 days. 3.

Learned Counsel appearing on behalf of the petitioner contends that on account of intervening circumstances, he could not deposit 20% of the compensation amount directed to be deposited vide order dated 11.04.2025. Resultantly, his bail has been cancelled and his bail bonds and surety bonds had been ordered to be forfeited to the State. He submits that the petitioner undertakes to deposit the entire amount in two phases of which 20% of the aforesaid amount i.e. 10% of the compensation amount shall be deposited within a period of 15 days from today and the balance 10% as ordered on 11.04.2025 (i.e. 10% of the compensation amount) would be deposited within a period of two months from today. 4.

In view of the order which this Court proposes to pass, issuance of formal notice to the respondent-complainant is dispensed with, lest it may financially burden the parties any further.

5.

Without commenting on the merits of the present case, the present petition is disposed of. The petitioner is granted, further period of two months, to make good the entire deposit subject to the timeframes undertaken by him i.e. 10% of the amount of compensation within a period of 15 days from today and balance 10% of the amount of compensation

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within a period of 1 1⁄2 months thereafter. The operation of the impugned order shall remain stayed for the said period. 6.

It is made clear that in the event, the petitioner fails to deposit the amount in terms of the undertaking, as given in the Court today, the present petition may be deemed to be dismissed and the order dated 05.12.2025 shall be given effect to.

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