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2023 (8) TMI 1436 - HC - Indian LawsDishonour of cheque - condition has been imposed upon the petitioner to deposit 20% of the compensation/fine amount - Seeking quashing of condition imposed by Additional Sessions Judge, Gurugram while suspending the sentence of the petitioner - HELD THAT:- There is no doubt to the mind of this Court on perusal of the statement of object and reasons for introducing these provisions is to address the issue of undue delay in final resolution of the cheque dishonor cases and to provide interim relief to the holder of the cheque in due course, as well as, to discourage the frivolous and unnecessary litigation; besides strengthening the credibility of the cheques as mode of payment; so as to help the trade and commerce in general and the lending institutions and the banks in particular in extending financial facilities to productive sectors of economy. In the case in hand, the compensation amount has been adjudicated to be half of the amount of cheque involved which by no means can be said to be un-reasonable or arbitrary. Coming to the question of validity for imposing the restriction to deposit 20% of the amount of compensation as a pre-requisite for suspending the sentence, the Apex Court in the case of SURINDER SINGH DESWAL @ COL. S.S. DESWAL AND OTHERS VERSUS VIRENDER GANDHI [2019 (5) TMI 1626 - SUPREME COURT], has observed that power of Appellate Court directing appellant original accused to deposit more than 20% of fine amount is mandatory in nature. It is also well known to this Court that certain unscrupulous and notorious drawers of the dishonored cheque have been misusing the procedural delay to their advantage after obtaining stay on the proceedings which only frustrates the basic object and reason of incorporation of Section 138 of the Negotiable Instruments Act, 1881. The amendment in Section 148 of the said Act has been cautiously effected primarily having at the back of mind to expedite the disposal of proceedings under the Negotiable Instruments Act and by no stretch of discussion, it could be said that the substantive right of appeal of the accused-appellant has been taken away/or effected. The petitioners-accused are directed to deposit the amount as ordered by the Lower Appellate Court within the stipulated time of 60 days, which may be further extended by 30 days - Petition dismissed.
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