TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: (i) Whether Section 148 of the Negotiable Instruments Act, 1881 applies to an appeal against conviction under Section 138 filed before 01.09.2018. (ii) Whether the time to deposit 20% of the compensation amount could be extended beyond 60 days.
Issue (i): Whether Section 148 of the Negotiable Instruments Act, 1881 applies to an appeal against conviction under Section 138 filed before 01.09.2018.
Analysis: Section 148, inserted by the Negotiable Instruments Amendment Act, 2018, confers power on the Appellate Court to direct deposit of a minimum of 20% of the fine or compensation awarded by the trial Court in an appeal against conviction under Section 138. The provision was construed purposively in light of its object of preventing delay in cheque dishonour litigation. The earlier filing of the complaint or the appeal before 01.09.2018 did not exclude the applicability of the amended provision, as no vested right of appeal was taken away and the amendment was intended to govern pending appeals as well.
Conclusion: Section 148 of the Negotiable Instruments Act, 1881 applies to the petitioner's appeal, and the direction to deposit 20% of the compensation amount was not illegal.
Issue (ii): Whether the time to deposit 20% of the compensation amount could be extended beyond 60 days.
Analysis: Section 148 permits deposit within 60 days from the date of the order and allows further extension not exceeding 30 days on sufficient cause. In the facts of the case, the petitioner's difficulty in arranging the amount justified grant of the maximum permissible extension without causing prejudice to the complainant.
Conclusion: The petitioner was entitled to an additional 30 days for deposit, making the total permissible period 90 days from the impugned order.
Final Conclusion: The challenge to the deposit condition failed, but limited relief was granted by extending the time for compliance in accordance with the statutory ceiling.
Ratio Decidendi: Amended Section 148 of the Negotiable Instruments Act, 1881 applies to pending appeals against conviction under Section 138, and the appellate court may direct deposit of a minimum of 20% of the fine or compensation with time for compliance extendable up to the statutory limit of 90 days.
TaxTMI 
