TaxTMI 
TaxTMI 
2021 (1) TMI 31
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....rous imprisonment for one year in each of the three cases and were also directed to pay compensation. The petitioners/accused, being aggrieved by the judgements holding them guilty preferred appeals in the Court of Sessions wherein at the time of the admission of appeals, the impugned orders dated 28.2.2020 (Annexure P-3 in all the cases) were passed. Since the impugned orders are absolutely identical, one such order as annexed in CRM-M-15131-2020 is reproduced herein below : "Criminal Appeal received by entrustment. As there are fairly arguable points involved in the adjudication of the present appeal, hence, the present appeal is admitted for hearing, subject to just exceptions and to deposit of 20% of the compensation amount in view of latest amendment in Section 148 of Negotiable Instruments Act (applicable w.e.f. 01.09.2018), within one month from today. It is registered as Criminal Appeal. Now notice of this appeal be issued to the respondent through ordinary process as well as speed post on furnishing of speed post charges and copies of grounds of appeal within a week for 02.07.2020. Trial Court Record be also called for that date. Along with the appeal, th....
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....#39;rule' and that not awarding compensation would be an exception for which reasoning should be given by the Appellate Court. 5. I heard both the learned counsel. Each of the aforesaid three submissions raised above are being discussed individually herein under: Submission no. (i) : 6. In order to consider as to whether a direction for deposit of a part compensation before the Appellate Court is a discretion or as to whether it is in the nature of a mandate, the provisions of the Section 148 of the Act (as amended in the year 2018) need to be borne in mind, which read as under: "148. Power of Appellate Court 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 sub-section shall be in addition to any interim compensation paid by the appellant under section 143A. (2)The amount ref....
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....all" and not to direct to deposit by the Appellate Court is an exception for which special reasons are to be assigned........." 8. Thus, as per ratio of Surinder Singh Deswal's case(supra), the power vested with the lower Appellate Court, though discretionary is supposed to be a 'rule' and said discretion should be exercised in all the cases unless there are some exceptional circumstances justifying deviation from the said rule. In the instant case, there were no such circumstances before the lower Appellate Court so as to justify non-deposit of an amount as provided under Section 148 of the Act. As such, the contention raised on behalf of petitioner in this regard cannot be accepted. 9. Submission no. (ii) : Section 148 of the Act, while vesting the Appellate Court with a power to direct the appellants to deposit an amount not less than 20% of the compensation amount, also specifically prescribes the period during which such amount is required to be deposited. Sub-section (2) of Section 148 of the Act, wherein the said period is prescribed reads as under: "148. Power of Appellate Court to order payment pending appeal against conviction- ....
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....tant Sessions Judge or Magistrate of the first class, or of the second class, or (b) sentenced under Section 325, or (c) in respect of whom an order has been made or a sentence has been passed under Section 360 by any Magistrate, may appeal to the Court of Session. (4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal shall be disposed of within a period of six months from the date of filing of such appeal. 12. Section 374 Cr.P.C. as reproduced above does not prescribe any condition for admission of an appeal. In other words, the provisions of the statute which vests a convict with a valuable right to challenge his conviction are not circumscribed by any conditions. Nor does any provision of the Negotiable Instruments Act, 1881 refer to any pre-condition for availing a valuable right of first appeal. Section 148 of the Act just vests the Appellate Court with the power to direct the appellant to deposit an amount not less than 20% of the compensation amount but under no circumst....