2020 (2) TMI 1637

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....3225/2015 on the file of the Court of the Judicial First Class Magistrate, Taliparamba. 3. The trial court found the petitioner guilty of the offence punishable under Section 138 of the Act and convicted him thereunder. The trial court sentenced the petitioner to undergo simple imprisonment for a period of three months and directed him to pay an amount of Rs.5,00,000/- as compensation to the complainant and in default of payment of compensation, to undergo simple imprisonment for a period of two months. 4. The petitioner filed appeal before the Court of Session, Thalassery, challenging the order of conviction and sentence passed against him by the trial court. The Sessions Court admitted the appeal. 5. The petitioner had filed an a....

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....posited 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 on sufficient cause being shown by the appellant. 11. Issuing a direction under Section 148(1) of the Act to deposit a minimum of 20% of the fine amount or compensation amount is mandatory. Such an order can be passed by the appellate court on an application filed by the original complainant or on the application filed by the appellant/accused under Section 389 Cr.P.C to suspend the sentence. Exercise of the power under Section 148(1) of the Act by the appellate court is the rule. Non-exercise of the power under Section 148(1) of the Act can only be under very exceptional circumstances (See Surinde....