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2020 (9) TMI 110 - HC - Indian LawsJurisdiction - imposition of condition of deposit of 50% of amount of compensation - introduction of section 148 of NI Act - relevant date - HELD THAT:- In present case, not only complaint as well as appeal was preferred before the insertion of Section 148 of NI Act, but impugned order was also passed before that. In the present case, trial Magistrate has imposed compensation to be paid to complainant with default clause of imprisonment of one year in case petitioner fails to pay the compensation, within four weeks. Sction 138 of NI Act empowers the Court to levy a fine which may extend twice the amount of cheque, as referred supra, and further in view of pronouncement of Apex Court in Suganthi Suresh Kumar’s case, referred supra, the trial Magistrate is also empowered to award any sum as compensation under Section 357 Cr.P.C. and in case, petitioner choses to serve the sentence in default, even then amount of compensation would be recoverable under Section 421 Cr.P.C. read with Section 431 of Cr.P.C., irrespective of the fact that there is default clause in order for non-payment of compensation within 4 months. Petitioner, in alternative, has also prayed to permit him to deposit the amount directed by Appellate Court, in installments on such terms and conditions as may be deemed proper. Complaint was decided and petitioner was convicted on 30.5.2015 and thereafter impugned order was passed on 30.6.2015. Now, we are in June 2020. The cheque amount was of ₹ 6 lacs, whereas compensation imposed by the trial Court is double thereof i.e. ₹ 12 lacs. At the time of passing of order, condition of deposit 50% of amount of ₹ 6 lacs was imposed about 5 years back. Therefore, prayer of petitioner to grant him time to deposit the amount in installments is concerned, that has also lost force after lapse of 5 years - However taking a lenient view, liberty is granted to petitioner to make such prayer before the Appellate Court and if such prayer is preferred before the First Appellate Court, the same shall be considered by the Appellate Court. Petition dismissed.
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