TMI Blog2021 (1) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... e direction to pay 50% of the compensation amount is concerned, the same ought to be suitably modified. In the present case, during pendency of this revision, the Learned Appellate Court has proceeded with the matter and dismissed the appeal and the application of the present petitioner on the technical ground that 50% of the compensation amount could not be paid by him. It is true that in the absence of a stay, it is open to a Learned Appellate Court to proceed with the matter. However, every discretion has to be exercised judiciously. Furthermore, it is also true that the delay in disposing of a matter does not depend merely on a litigant who prefers an application. Sometimes, there are systematic delays. Sometimes, there are other fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11.2014 the Learned Judicial Magistrate, 2nd Court, Tamluk, Purba Medinipur convicted the present petitioner on a charge under Section 138 of the Negotiable Instruments Act for the dishonour of two cheques, one amounting to ₹ 20,000/- and the other amounting to ₹ 29,900/-, and sentenced him to suffer simple imprisonment till the rising of the Court and to pay ₹ 90,000/- as compensation to the complainant. 4. Being aggrieved by the judgment and order of conviction and sentence passed by the Learned Trial Court, the petitioner preferred an appeal being Criminal Appeal No. 12270 of 2015 along with an application for condonation of delay. On 08.09.2015 the Learned Appellate Court directed payment of 50% of the compensation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nability to pay 50% of the compensation amount awarded, that too during the Covid-19 pandemic. A further opportunity ought to have been given by the Learned Appellate Court for the petitioner to pay a lesser percentage of the compensation amount. The order directing the appellant to pay was not a final order and as such, could have been modified by the Learned Appellate Court. 8. I have heard the submissions of the learned counsel appearing on behalf of the petitioner and have perused the revision petition and the subsequent order dated 25.11.2020 passed by the Learned Appellate Court. 9. It is germane to mention that Section 148 of the Negotiable Instruments Act, which was introduced by way of an amendment, has retrospective operatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant. 11. Therefore, a minimum of 20% of the compensation amount may be directed to be paid at the time of hearing of the appeal. Thus, fixing 50% of the compensation amount as a pre-condition for hearing of the application and the appeal was not an absolute imperative. It has to be remembered that the right of appeal of a convict is too precious to be thwarted by technical embargoes, that too discretionary ones. As such, so far as the direction to pay 50% of the compensation amount is concerned, the same ought to be suitably modified. 12. In the present case, during pendency of this revision, the Lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave to be set aside. On this, reliance is placed on the decision of the Hon'ble Apex Court in State of U.P. Ors. Versus M/s. Mahindra Mahindra Ltd., (2011) 13 SCC 77 and the decision of the Hon'ble Patna High Court in Lila Mahton Versus Sheo Govind Singh, AIR 1956 Pat 108. 15. It is trite law that inherent powers as contemplated under Section 482 of the Code can be exercised to give effect to an order passed under the Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. In Inder Mohan Goswami versus State of Uttaranchal Ors., (2007) 12 SCC 1, the Hon'ble Apex Court, among other things, held that a Court can exercise its inherent powers ex debito justitiae to do real or substa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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