TMI Blog2019 (4) TMI 2010X X X X Extracts X X X X X X X X Extracts X X X X ..... ided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under Section 143A. Having taken note of the recent amendment brought into Section 148 of NI Act, it is clear that the appellant has to deposit such sum which shall be a minimum of 20% of the fine or the compensation amount awarded by the trial Court. In view of the amendment, it includes fine or compensation awarded by the trail Court. Hence, the very contention of the petitioner s counsel cannot be accepted - this amendment is brought subsequent to passing of the impugned order and if any amendment is brought in, if the matter is pending before the Court, same is applicable to the pending matters and there is no di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne of ₹ 3,000/-. The fine imposed by the Court does not form part of sentence, when fine does not form part of sentence, the trial Court is not justified in directing the petitioner to pay ₹ 25,50,000/- as compensation to the complainant. When the trial Court is not justified in awarding the compensation, the first appellate Court is not justified in passing the conditional order of suspension of sentence directing the petitioner to deposit 20% of the compensation amount within one month. The complainant has not proved that she has paid an amount of ₹ 25,00,000/- to the petitioner and she has also not proved that she had ₹ 25,00,000/- during the period from 2010 to 2012. She has further not proved the fact that, she ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt, it is mandatory on the part of the Court and also while suspending the sentence, directed the appellant to deposit such sum which shall be a minimum of 20% and the Court below passed the order directing the appellant to pay 20% of the compensation amount is inconsonance with the statute under Section 148 of NI Act. 6. The counsel for the petitioner in reply to the arguments of the respondent s counsel contends that this amendment was brought in 2.8.2018 with effect from 1.9.2018 and this order has been passed prior to amendment, hence, the impugned order is not sustainable in the eye of law. 7. Having heard the petitioner s counsel and also respondent s counsel, this Court has to examine whether this Court can invoke Section 482 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... awarded by the trial Court, provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under Section 143A. 10. Having taken note of the recent amendment brought into Section 148 of NI Act, it is clear that the appellant has to deposit such sum which shall be a minimum of 20% of the fine or the compensation amount awarded by the trial Court. In view of the amendment, it includes fine or compensation awarded by the trail Court. Hence, the very contention of the petitioner s counsel cannot be accepted. No doubt, this amendment is brought subsequent to passing of the impugned order and if any amendment is brought in, if the matter is pending before the Court, same is applica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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