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2022 (1) TMI 3 - HC - Indian LawsDishonor of Cheque - quantum of conviction - payment of compensation to victim - HELD THAT:- Section 148 of the NI Act has been introduced through an amendment w.e.f. 01.09.2018 wherein it is stipulated that the Appellate Court may order the appellant to deposit such amount which shall be a minimum of 20% of the fine or compensation awarded by the trial Court. It is further provided that the amount payable under this Section would be in addition to any interim compensation paid by the appellant under Section 143A of the NI Act. The petitioner had preferred an appeal against the quantum of conviction and the Appellate Court in the order dated 24.02.2020, while suspending the sentence of the appellant, did not direct the petitioner (appellant therein) to pay any amount in terms of Section 148 of the NI Act by misreading the judgment of the trial Court convicting the petitioner and directing him to pay the cheque amount. The direction issued by the trial Court to pay the cheque amount, could not in any manner be construed that no compensation had been awarded. The Supreme Court in the case of SURINDER SINGH DESWAL @ COL. S.S. DESWAL AND OTHERS VERSUS VIRENDER GANDHI [2019 (5) TMI 1626 - SUPREME COURT] as well as in the case of G.J. RAJA VERSUS TEJRAJ SURANA [2019 (8) TMI 91 - SUPREME COURT] had granted four weeks' further time to the appellants therein to make the payment. There are no infirmity in the order passed by the Appellate Court directing the petitioner to pay 25% of the compensation amount and therefore, the petition stands dismissed.
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