TaxTMI 
TaxTMI 
2020 (3) TMI 992
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....0% of the compensation amount within 60 days in view of Section 148(1) of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') for entertaining the appeal. 2. Briefly stated the facts giving rise to the filing of the present petition are that respondent filed complaint against the petitioner under Section 138 of the N.I. Act on the averments that on 02.12.2016, the petitioner issued cheque for Rs. 4,00,000/- in discharge of liability which was on presentation dishonoured with remarks 'funds insufficient' and the petitioner failed to pay the amount within prescribed period of 15 days from receipt of legal notice dated 22.12.2016. On trial the petitioner was convicted and sentenced under Section 138 of the N.I. A....
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....t to order payment pending appeal against conviction.... (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent of the fine or compensation awarded by the trial Court: Provided that the amount payable under this subsection shall be in addition to any interim compensation paid by the appellant under section 143A. (2) The amount referred to in sub-section (1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court ....
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.... under section 389 of the Cr.P.C., 1973 to suspend the sentence pending appeals challenging the conviction and sentence, amended section 148 of the N.I. Act came into force and was brought on statute w.e.f. 1.9.2018. Therefore, considering the object and purpose of amendment in section 148 of the N.I. Act and while suspending the sentence in exercise of powers under section 389 of the Cr.P.C., 1973 when the first appellate court directed the appellants to deposit 25% of the amount of fine/compensation as imposed by the learned trial Court, the same can be said to be absolutely in consonance with the Statement of Objects and Reasons of amendment in section 148 of the N.I. Act. 8.1 Having observed and found that because of the delay ....
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.... 148 of the N.I. Act stated hereinabove, on purposive interpretation of section 148 of the N.I. Act as amended, we are of the opinion that section 148 of the N.I. Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for the offence under section 138 of the N.I. Act, even in a case where the criminal complaints for the offence under section 138 of the N.I. Act were filed prior to amendment Act No.20/2018 i.e., prior to 01.09.2018. If such a purposive interpretation is not adopted, in that case, the object and purpose of amendment in section 148 of the N.I. Act would be frustrated. Therefore, as such, no error has been committed by the learned first appellate court directing the appellants....
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.... original complainant or even on the application filed by the Appellant-Accused under section 389 of the Cr.P.C., 1973 to suspend the sentence. The aforesaid is required to be construed considering the fact that as per the amended section 148 of the N.I. Act, a minimum of 20% of the fine or compensation awarded by the trial court is directed to be deposited and that such amount is to be deposited within a period of 60 days from the date of the order, or within such further period not exceeding 30 days as may be directed by the appellate court for sufficient cause shown by the appellant. Therefore, if amended section 148 of the N.I. Act is purposively interpreted in such a manner it would serve the Objects and Reasons of not only amendment i....
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....tion 148 of the N.I. Act was applicable to appeal filed by the petitioner on 30.08.2018 against judgement of conviction dated 20.08.2018 and order of sentence dated 24.08.2018 passed on complaint filed on 24.01.2017 much before 01.09.2018. Therefore, impugned order dated 20.01.2020 passed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhri directing the petitioner to deposit 20% of the compensation amount within 60 days from the date of order does not suffer from any illegality and is not liable to be set aside. 10. Faced with this legal position, learned Counsel for the petitioner has submitted that due to his difficult financial conditions, the petitioner is unable to deposit the amount within 60 days and the time for deposi....