TMI Blog2020 (3) TMI 992X X X X Extracts X X X X X X X X Extracts X X X X ..... onal Sessions Judge, Yamuna Nagar at Jagadhri to extend the time for deposit of 20% of the compensation amount awarded by learned Judicial Magistrate Ist Class, Bilaspur by further period of 30 days. - CRM-M-10889-2020 - - - Dated:- 16-3-2020 - HON'BLE MR. JUSTICE ARUN KUMAR TYAGI Mr. Deepak K. Bartia, Advocate for the petitioner ORDER ARUN KUMAR TYAGI, J (ORAL) The petitioner has filed present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of order dated 20.01.2020 passed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhri in criminal appeal bearing No.CRA-246-2018 titled as 'Ravinder Kumar Vs. Salamudeen' to the extent of imposition of the condition on the petitioner to deposit 20% of the compensation amount within 60 days in view of Section 148(1) of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') for entertaining the appeal. 2. Briefly stated the facts giving rise to the filing of the present petition are that respondent filed complaint against the petitioner under Section 138 of the N.I. Act on the averments that on 02.12.2016, the petitioner issued cheque for ₹ 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ub-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. (3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal: Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, 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 complainant. 8. In Surinder Singh Deswal @ Col. S.S. Deswal and others Vs. Virender Gandhi, 2019(3) RCR (Criminal) 186, Hon'ble Supreme Court observed as under:- 8. It is the case on behalf of the appellants that as the criminal complaints against the appellants under section 138 of the N.I. Act were lodged/filed before the amendment Act No.20/2018 by which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cases of Garikapatti Veeraya (supra) and Videocon International Limited (supra), relied upon by the learned senior counsel appearing on behalf of the appellants shall not be applicable to the facts of the case on hand. Therefore, considering the Statement of Objects and Reasons of the amendment in section 148 of the N.I. Act stated hereinabove, on purposive interpretation of section 148 of the N.I. Act as amended, we are of the opinion that section 148 of the N.I. Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for the offence under section 138 of the N.I. Act, even in a case where the criminal complaints for the offence under section 138 of the N.I. Act were filed prior to amendment Act No.20/2018 i.e., prior to 01.09.2018. If such a purposive interpretation is not adopted, in that case, the object and purpose of amendment in section 148 of the N.I. Act would be frustrated. Therefore, as such, no error has been committed by the learned first appellate court directing the appellants to deposit 25% of the amount of fine/compensation as imposed by the learned trial Court considering section 148 of the N.I. Act, as amended. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ous drawers of the dishonoured cheques due to easy filing of the appeals and obtaining stay in the proceedings, an injustice was caused to the payee of a dishonoured cheque who has to spend considerable time and resources in the court proceedings to realise the value of the cheque and having observed that such delay has compromised the sanctity of the cheque transactions, the Parliament has thought it fit to amend section 148 of the N.I. Act. Therefore, such a purposive interpretation would be in furtherance of the Objects and Reasons of the amendment in section 148 of the N.I. Act and also section 138 of the N.I. Act. (Emphasis supplied) 9. In that case, Hon'ble Supreme Court held Section 148 of the N.I. Act to be retrospective and to be applicable to all appeals filed against the order of conviction and sentence for the offence under Section 138 of the N.I. Act, even in a case where the criminal complaints for the offence under Section 138 of the N.I. Act were filed prior to amendment w.e.f. 01.09.2018 and Hon'ble Supreme Court did not make/carve out any distinction in appeals filed before and after 01.09.2018. In view of the observations of Hon'ble Supreme Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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