I don't think so. Jesus is telling Nicodemus about the Kingdom of God: who will recognize it and who will be there. As we read and understand this passage, the bigger picture begins to emerge. Jesus is facing opposition from the spiritual leaders of his culture and he knows that his opposition is based on a refusal to acknowledge the truth of what they saw with their own eyes. Nicodemus saw it and recognized it; they saw it too but they refused to "see it."Well maybe read the verses before and after.
And you will notice the the word κρίνεται can also be translated as "judgement" ... depends on the context.
I see no mention of hell, nor deserving.
Many times Jesus is speaking about temporal judgement not eternal.... in context this makes far more sense.
If I use Joe's watch to tell him the time and Joe disagrees with me even while we are both looking at the same watch, then something is going on inside of Joe that Jesus is putting his finger on. Joe isn't mistaken; he is stubborn, and our disagreement isn't based on fact; it is based on something else. The more Joe refuses to acknowledge what we can both see with our eyes, the more stubborn he becomes. He is judged already; that is, he has convicted himself.
Jesus explicitly says in John 3:36, “He that believeth not the Son shall not see life; but the wrath of God abideth on him.”(The wrath is not future only; it “abides”—present tense.) The Point is, there is no middle ground. Either you believe in the Son or you don't. (I'm not talking about you. I know you believe in him.)