TMI Blog2019 (8) TMI 1782X X X X Extracts X X X X X X X X Extracts X X X X ..... s of dishonoured cheques due to easy filing of appeals and obtaining stay on proceedings, the object and purpose of the enactment of Section 138 of the Act was being frustrated, the Parliament has therefore suitably amended Section 148 of the Act conferring power upon the Appellate Court to direct the convict accused/appellant to deposit such sum which shall be a minimum of 20% of the compensation defined or awarded by the Trial Court. It is difficult to accept the argument of the learned Counsel for the petitioner that he has been denied an opportunity to satisfy the learned Additional Sessions Court as to how the petitioner's case would come within the exceptions, for the reasons that the impugned order indicates not only an opportunity to hear the petitioner's Counsel was given, but the learned Appellate Court has also perused the appeal memo as well as the judgment and order of the Trial Court. Merely because the record and proceedings of the Trial Court were not before the Appellate Court at the time of passing the impugned order would not prohibit the Court from passing an order after giving a full hearing to the learned Counsel at the time of suspending the senten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 227 of the Constitution of India. 6. Shri Noorani, the learned Counsel for the petitioner contended that the learned Additional Sessions Judge misread the judgment of the Supreme Court in the case of Surinder Singh Deswal @ Col. S.S. Deswal Ors. V/s. Virender Gandhi in Criminal Appeal Nos. 917-944 of 2019. It is contended that the records and proceedings were not received from the Trial Court though the respondent appeared on 01/06/2019. However, the learned Additional Sessions Judge by the impugned order while suspending the sentence directed the petitioner to deposit 25% of the amount of compensation as above. It is strenuously argued by the learned Counsel for the petitioner that there is no single reason assigned by the learned Additional Sessions Judge in the impugned order and the petitioner has not been given an opportunity to put forth his case as to how it was not necessary to direct 25% deposit as above. 7. It is, thus contended that as the petitioner has not been given an opportunity by the learned Additional Sessions Judge, to show that his case comes within the exception for the special reasons, which can be borne out from the record, the impugned order needs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relating to Promissory Notes, Bills of Exchange and Cheques. The said Act has been amended from time to time so as to provide, inter alia, speedy disposal of cases relating to the offence of dishonour of cheques. However, the Central Government has been receiving several representations from the public including trading community relating to pendency of cheque dishonour cases. This is because of delay tactics of unscrupulous drawers of dishonoured cheques due to easy filing of appeals and obtaining stay on proceedings. As a result of this, injustice is caused to the payee of a dishonoured cheque who has to spend considerable time and resources in court proceedings to realize the value of the cheque. Such delays compromise the sanctity of cheque transactions. 2. It is proposed to amend the said Act with a view to address the issue of undue delay in final resolution of cheque dishonour cases so as to provide relief to payees of dishonoured cheques and to discourage frivolous and unnecessary litigation which would save time and money. The proposed amendments will strengthen the credibility of cheques and help trade and commerce in general by allowing lending institutions, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eding thirty days as may be directed by the Court on sufficient cause being shown by the complainant. 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 Section 148 of the N.I. Act came to be amended and therefore amended Section 148 of the N.I. Act shall not be made applicable. However, it is required to be noted that at the time when the appeals against the conviction of the appellants for the offence under Section 138 of the N.I. Act were preferred, Amendment Act No. 20/2018 amending Section 148 of the N.I. Act came into force w.e.f. 1.9.2018. Even, at the time when the appellants submitted application/s under Section 389 of the Cr.P.C. to suspend the sentence pending appeals challenging the conviction and sentence, amended Section 148 of the N.I. Act came into force and was brought on statute w.e.f. 1.9.2018. Therefore, considering the object and purpose of amendment in Section 148 of the N.I. Act and while suspending the sentence in exercise of powers under Section 389 of the Cr.P.C., when the first appellate court direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endment 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. 9. Now so far as the submission on behalf of the appellants that even considering the language used in Section 148 of the N.I. Act as amended, the appellate Court may order the appellant to deposit such sum which shall be a minimum of 20% of the fine or compensation awarded by the trial Court and the word used is not shall and therefore the discretion is vested with the first appellate court to direct the appellant - accused to deposit such sum and the appellate court has construed it as mandatory, which according to the learned Senior Advocate for the appellants would be contrary to the provisions of Section 148 of the N.I. Act as amended is concerned, considering the amended Section 148 of the N.I. Act as a whole to be read with the Statement of Objects and Reasons of the amending Section 148 of the N.I. Act, though it is true that in amended Section 148 of the N.I. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he sentence in exercise of powers under Section 389 of the Criminal Procedure Code, when the first appellate Court directed the appellants to deposit 25% of the amount of fine/compensation as imposed by the learned Trial Court, the same can be said to be absolutely in consonance with the Statement of Objects and Reasons of amendment in Section 148 of the Act. It is specifically observed that because of the delay tactics of unscrupulous .drawers of dishonoured cheques due to easy filing of appeals and obtaining stay on proceedings, the object and purpose of the enactment of Section 138 of the Act was being frustrated, the Parliament has therefore suitably amended Section 148 of the Act conferring power upon the Appellate Court to direct the convict accused/appellant to deposit such sum which shall be a minimum of 20% of the compensation defined or awarded by the Trial Court. It is apparent that vested right of the convict to prefer an appeal has not been affected by the said amendment. 14. The Hon'ble Supreme Court has also observed that the word may appearing in Section 148 of the Act as amended be construed as a rule or shall and not to direct to deposit by the Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... full fledged trial has rightly been directed to deposit 25% of the amount of compensation awarded. 17. As has been rightly argued by the learned Counsel for the respondent that in the application for suspension of sentence, the petitioner has not shown any exceptional circumstances which would weigh upon the Court to assign special reasons. There is, in fact, no miscarriage of justice and therefore there is no question of exercising inherent jurisdiction by this Court. 18. The learned Counsel for the petitioner has also placed reliance on the judgment of Madras High Court in the case of LGR Enterprises Anr. V/s. P. Anbazhagan in Cr.O.P. No. 15438 of 2019. The ratio laid down by the Single Judge of the Madras High Court would not be applicable to the case in hand since the case before the Madras High Court was in respect of Section 143A of the Act which empowers the Court to direct interim compensation while trying an offence under Section 138 of the Act. Para 6 of the judgment reads thus: 6. A reading of the above provision makes it clear that the Court trying an offence under Section 138 of the Negotiable Instruments Act may (Emphasis supplied) order the drawer of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grant or rejection of his prayer. Reasons are the soul of orders. Non-recording of reasons could lead to dual infirmities; firstly, it may cause prejudice to the affected party and secondly, more particularly, hamper the proper administration of justice. These principles are not only applicable to administrative or executive actions, but they apply with equal force and, in fact, with a greater degree of precision to judicial pronouncements. A judgment without reasons causes prejudice to the person against whom it is pronounced, as that litigant is unable to know the ground which weighed with the Court in rejecting his claim and also causes impediments in his taking adequate and appropriate grounds before the higher Court in the event of challenge to that judgment. Now, we may refer to certain judgments of this Court as well as of the High Courts which have taken this view. 14. The principle of natural justice has twin ingredients; firstly, the person who is likely to be adversely affected by the action of the authorities should be given notice to show cause thereof and granted an opportunity of hearing and secondly, the orders so passed by the authorities should give reason for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lic understanding of law and imposing self-discipline in the Judge as their discretion is controlled by well established norms. The contention raised before us that absence of reasoning in the impugned order would render the order liable to be set aside, particularly, in face of the fact that the learned Judge found merit in the writ petition and issued rule, therefore, needs to be accepted. We have already noticed that orders even at interlocutory stages may not be as detailed as judgments but should be supported by reason howsoever briefly stated. Absence of reasoning is impermissible in judicial pronouncement. It cannot be disputed that the order in question substantially affect the rights of the parties. There is an award in favour of the workmen and the management had prayed for stay of the operation of the award. The Court has to consider such a plea keeping in view the provisions of Section 17-B of the Industrial Disputes Act, where such a prayer is neither impermissible nor improper. The contentions raised by the parties in support of their respective claims are expected to be dealt with by reasoned orders. We are not intentionally expressing any opinion on the merits of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re the Sessions Court takes away the jurisdiction of the High Court to exercise powers under Article 227 of the Constitution of India. However, as a normal rule, jurisdiction under Article 227 of the Constitution of India will not be exercised if another statutory remedy is available as the power of superintendence cannot be used to circumvent express provisions of a Statute. Therefore, this Court will not normally exercise jurisdiction under Article 227 when the aggrieved party has not exhausted a statutory remedy. 11. The Apex Court has time and again held that the inherent jurisdiction though wide has to be exercised very sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in Section 482. In the present case when the petitioner can avail of remedy of filing a Revision Application before the Sessions Court for challenging the order issuing process, the jurisdiction under Section 482 which is to be exercised sparingly cannot be invoked. Even if the petitioner fails in Revision Application, his remedy of approaching this Court is not taken away provided the case is covered by tests specifically laid down in Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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