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2019 (4) TMI 2010 - HC - Indian LawsConditional order of suspension of sentence - direction to deposit 20% of the compensation amount within one month - compensation amounts to form part of fine amount - whether this Court can invoke Section 482 of Cr.P.C. to set-aside the order passed by the first appellate Court? - HELD THAT:- It has to be noted that the amendment was brought in 2018 in respect of proviso of Section 148 of NI Act and it is made it clear that while exercising the powers in the appeal, the appellate Court may order the appellant to deposit such amount which shall be a minimum of 20% of the fine amount 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. Having taken note of the recent amendment brought into Section 148 of NI Act, it is clear that the appellant has to deposit such sum which shall be a minimum of 20% of the fine or the compensation amount awarded by the trial Court. In view of the amendment, it includes fine or compensation awarded by the trail Court. Hence, the very contention of the petitioner’s counsel cannot be accepted - this amendment is brought subsequent to passing of the impugned order and if any amendment is brought in, if the matter is pending before the Court, same is applicable to the pending matters and there is no dispute that still appeal is pending before the first appellate Court. Hence, the very contention of the petitioner’s counsel cannot be accepted. Petition dismissed.
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