2023 (8) TMI 242 - HC - Indian Laws

Court Allows Appeal Delay Due to Medical Reasons, Sets 25% Compensation Deposit, Transfer to Expedite

The Appellate Court condoned the delay in filing the appeal due to medical reasons. The High Court upheld this decision. The High Court also allowed the ... Power of Appellate Court to order deposit pending appeal under Section 148 of the Negotiable Instruments Act - Condonation of delay in filing appeal - Deposit to be in addition to interim compensation under Section 143A - Refund of amount deposited where appellant is acquittedCondonation of delay in filing appeal - The Appellate Court's order condoning delay of 118 days in preferring the appeal was sustained. - HELD THAT: - The Appellate Court recorded medical evidence supporting the respondent/accused's cause for delay (medical certificate advising three months' rest from 15.10.2022 to 15.01.2023). The High Court found no reason to interfere with the Appellate Court's assessment and therefore upheld the order condoning the 118-day delay. [Paras 3, 4]Order dated 22.5.2023 condoning the delay is sustained.Power of Appellate Court to order deposit pending appeal under Section 148 of the Negotiable Instruments Act - Deposit to be in addition to interim compensation under Section 143A - Refund of amount deposited where appellant is acquitted - The Appellate Court's suspension of sentence without directing deposit under Section 148 required interference and was partly modified to direct deposit pending appeal. - HELD THAT: - Section 148 empowers the Appellate Court to order the appellant to deposit a sum which shall be a minimum of twenty per cent of the fine or compensation awarded by the trial Court, in addition to any interim compensation under Section 143A, and provides for release and refund with interest if the appellant is acquitted. The High Court found substance in the complainant's challenge to the Appellate Court's order which had suspended sentence without such a deposit. On the respondent/accused's clear undertaking in court to deposit 25% of the compensation awarded by the trial Court directly to the applicant within sixty days, the High Court accepted that statement, made clear the payment is subject to the appeal's outcome and refundable if the appeal succeeds, and partly modified the impugned order accordingly. [Paras 6, 7, 8, 9]Appellate order dated 9.6.2023 is partly modified: respondent to deposit 25% of the compensation to the applicant within 60 days; amount to be refundable if the appeal succeeds.Judicial discretion to transfer pending appeal - The court declined to order transfer of the Criminal Appeal and left the request to the Principal District Judge to decide on its merits. - HELD THAT: - The applicant sought transfer of the Criminal Appeal for convenience. The High Court observed both parties' residences and recognised the convenience ground but held that such transfer is best considered by the Principal District Judge, North Goa, on its own merits. The High Court did not exercise transfer jurisdiction and directed that the Principal District Judge consider any such request sympathetically if made. [Paras 10]Prayer for transfer left to the discretion of the Principal District Judge, North Goa, to consider on its merits.Final Conclusion: Revision partly allowed: the Appellate Court's condonation of delay is upheld; the Appellate Court's suspension of sentence is modified by directing the respondent to deposit 25% of the trial Court's awarded compensation to the applicant within 60 days (refundable if appeal succeeds); the request for transfer of the appeal is left to the Principal District Judge to decide on merit; the appeal is to be decided, if possible, expeditiously and preferably within six months. Issues involved: 1. Challenge to two orders: one suspending the sentence without ordering compensation under Section 138 of the NI Act, and the other condoning the delay in filing the appeal.Order dated 22.5.2023 - Delay Condoned: The delay of 118 days in filing the appeal was condoned by the Appellate Court based on medical certificate evidence supporting the respondent's need for rest. The High Court found no reason to interfere with this decision, thereby sustaining the order.Order dated 9.6.2023 - Payment Pending Appeal: The High Court acknowledged the power of the Appellate Court under Section 148 of the NI Act to order the appellant to deposit a minimum of 20% of the fine or compensation awarded by the Trial Court. The respondent, willing to deposit 25% of the compensation, agreed to pay Rs. 1,75,000 directly to the applicant, subject to the appeal outcome. The Court accepted this arrangement, directing the payment within 60 days and allowing the Criminal Revision Application with modifications to the impugned order.Transfer of Criminal Appeal: The applicant requested the transfer of the Criminal Appeal to a different court for convenience, as both parties resided in different areas. The High Court left this decision to the Principal District Judge, North Goa, expressing confidence in a sympathetic consideration based on merit. The Revision was partly allowed with a directive for expeditious resolution, preferably within six months.