2023 (8) TMI 242

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....dated 22.5.2023 passed by the Appellate Court condoning the delay of 118 days in filing the appeal. 3. The cheque was issued by the respondent/accused to the applicant/complainant for an amount of Rs.7,00,000/- which came to be dishonoured. The complaint under Section 138 of the NI Act was preferred before the trial Court. The trial Court directed payment of compensation of Rs.7,00,000/- and in default to suffer simple imprisonment for a period of 7 months. There was a delay of 118 days in preferring the appeal. The Appellate Court, in paragraph 3 of the order dated 22.5.2023 recorded that the cause of the respondent/accused for condoning the delay is supported by the medical certificate which shows that the respondent/accused was advised ....

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....he appellant. (3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal: Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, 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 complainant.] 7. It is thus seen that the Appellate Court is empowered to make an order directing the respondent/accused to deposit su....