Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (2) TMI 1637 - HC - Indian LawsDishonor of Cheque - time limitation for deposit of the amount - Is it legal and proper to order that deposit of amount under Section 148(1) of the Negotiable Instruments Act, 1881 shall be made within a period of less than sixty days? - HELD THAT:- Section 148(1) of the Act empowers the court, in which the accused has filed an appeal against conviction under Section 138 of the Act, to direct him to deposit such sum which shall be a minimum of 20% of the amount of the fine or compensation awarded by the trial court. Section 148(2) of the Act provides that, the amount referred to in sub-section (1) shall be deposited 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 appellant - Issuing a direction under Section 148(1) of the Act to deposit a minimum of 20% of the fine amount or compensation amount is mandatory. Such an order can be passed by the appellate court on an application filed by the original complainant or on the application filed by the appellant/accused under Section 389 Cr.P.C to suspend the sentence. Exercise of the power under Section 148(1) of the Act by the appellate court is the rule. Non-exercise of the power under Section 148(1) of the Act can only be under very exceptional circumstances. The petitioner was liable to deposit the amount only on or before the date 22.02.2020. The period provided under the statute is now over. As per Section 148(2) of the Act, the petitioner is entitled to seek a further period of thirty days for depositing the amount on showing sufficient cause. In the instant case, as per Annexure-III order, the appellate court has already exercised the power under Section 148(2) of the Act to grant extension of time for a further period of thirty days - it is only proper to grant the petitioner a further period of thirty days from 22.02.2020 for complying with the direction contained in Annexure-II order for depositing the amount. There is no sufficient ground for granting a further period of three months to the petitioner for depositing the amount. The petition is allowed in part. The petitioner is granted a period of thirty days from the date 22.02.2020 for depositing the amount in compliance with Annexure-II order.
|