TMI Blog2022 (6) TMI 771X X X X Extracts X X X X X X X X Extracts X X X X ..... condition precedent for admission of the appeal. On such deposit the appeal may be admitted and execution of the sentence awarded by the trial court may be stayed. Failing which accd will surrender before Trial Court and Ld. Trial Court will pass appropriate directions for execution of the sentence, after two weeks of the communication of the order. Application disposed off. - CRR 2621 of 2019 - - - Dated:- 8-6-2022 - Ajoy Kumar Mukherjee, J. Mr. Pinaki Ranjan Mitra ...for the Petitioner ORDER In compliance with the earlier direction, the notice was sent to the opposite party but the same is returned with postal endorsement, Refused . Affidavit of service so filed by the learned advocate for the petitioner, be kep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposit as a condition for admission of appeal. Learned counsel for the petitioner strenuously argued that unless an order for deposit of 20% compensation amount be not passed by the first appellate court at the time of admission of appeal then the very object of amending Section 148 of the Negotiable Instruments Act would be frustrated. This section has been incorporated in the said act, because of delay tactics of unscrupulous drawers of dishonored cheque due to easy filing of appeals and obtaining stay on execution of sentence. It takes considerable time to dispose of the appeal and injustice is caused to the complainant who won the legal battle in the trial court. He further argued that the interpretation as made by accd/respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the accused-appellant has been taken away and/or affected. Therefore, submission on behalf of the appellants that amendment in Section 148 of the N.I. Act shall not be made applicable retrospectively and more particularly with respect to cases/complaints filed prior to 1.9.2018 shall not be applicable has no substance and cannot be accepted, as by amendment in Section 148 of the N.I. Act, no substantive right of appeal has been taken away and/or affected. Therefore the decisions of this court in the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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. Act the word used is may , it is generally to be construed as a rule or shall and not to direct to deposit by the appellate court is an exception for which special reasons are to be assigned. Therefore amended Section 148 of the N.I. Act confers power upon the appellate court to pass an order pending appeal to direct the Appellant-Accused to deposit the sum which shall not be less than 20% of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht 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 Sec 138 of the N.I. Act. (emphasis added) In view of the above, the impugned order no. 13 dated 11.6.2019 passed in criminal appeal no. 12 of 2017 and also the order by which appeal was admitted is hereby set aside. Convict appellant is directed to deposit 20% of the compensation amount before the trial court within two weeks from the date of the communication of this order as a condition precedent for admission of the appeal. On such deposit the appeal may be admitted and execution of the sentence awarded by the trial court may be staye ..... X X X X Extracts X X X X X X X X Extracts X X X X
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