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TMI Blog2019 (4) TMI 2077X X X X Extracts X X X X X X X X Extracts X X X X ..... it Kumar Jain, Advocate for the petitioners (in CRM-M No.6735 of 2019). Mr. Adish Gupta, Advocate for the petitioner (in CRM-M No.10115 of 2019). Mr. Amit Choudhary, Advocate for the respondent (in CRM-M No.10115 of 2019). Mr. Sudarshan Kumar, Advocate for respondent No.1 (in CRM-M No.6735 of 2019). None for respondent No.2 despite service (in CRM-M No.6735 of 2019). Mr. Deepender Singh, Advocate for the respondent (in CRM-M-10835-2019). Mr. Gaurav Gaur, Advocate for the respondent (in CRM-M No.50067 of 2018). Mr. Mandeep Singh Khillan, Advocate for the Respondent(s). ORDER MAHABIR SINGH SINDHU, J. This order shall dispose off the aforementioned 33 petitions being identical on facts, involving the common questions of law. 2) The above petitions have been filed under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') for quashing of impugned order(s), passed by learned Additional Sessions Judge(s), whereby the petitioner(s) have been directed to deposit 20/25% of the amount of compensation awarded by learned trial Court while suspending their sentence during pendency of the appeal(s) in view of the provisions of Section 148 of the Negotia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. 5) Aggrieved against the aforesaid judgment of conviction and order of sentence, petitioner(s) preferred appeal(s) along with application(s) under Section 389 Cr.P.C. for suspension of sentence before learned Additional Sessions Judge, Panchkula. 6) Paper-book reveals that learned Additional Sessions Judge, while passing the impugned order, issued notice of the appeal to the respondent/complainant and suspended the sentence subject to deposit of 25% of the amount of compensation awarded by learned trial Court within four weeks. It transpires that thereafter, an application dated 17.12.2018 (P-5) was filed for extension of four weeks' more time to deposit of 25% of the amount of compensation and the same was allowed, vide order dated 19.12.2018 (P-6). 7) It is contended by learned Counsel for the petitioner(s) that approach of learned Additional Sessions Judge while directing the petitioner(s) to deposit 25% of the amount of compensation awarded by learned trial Court as a pre-condition to the suspension of sentence is not legally sustainable as in the present case(s), complaint was filed on 15.06.2015 and the amendment in the Act had taken place on 02.08.2018, thus, the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he complaint; and (b) in any other case, upon framing of charge. (2) The interim compensation under sub-section (1) shall not exceed twenty per cent. of the amount of the cheque. (3) The interim compensation shall be paid within sixty days from the date of the order under sub-section (1), or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the drawer of the cheque. (4) If the drawer of the cheque is acquitted, the Court shall direct the complainant to repay to the drawer the amount of interim compensation, 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. (5) The interim compensation payable under this section may be recovered as if it were a fine under section 421 of the Code of Criminal Procedure, 1973. (6) The amount of fine imposed under section 138 or the amount of compensation awarded under section 357 of the Code of Crimina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s Sethi Garments' along with other connected matters, decided on 04.04.2019, after taking into consideration the provisions of Section 143-A and Section 148 of the Amendment Act, 2018, held as under:- XXXXXXXX "Having heard the learned counsel for the parties and perusing the documents on record, it is clear that the dispute between the parties is relating to the applicability of Section 143-A and Section 148 of the Act, introduced vide Amendment dated 02.08.2018, to the cases which were already pending at the stage of the trial; or to the appeals arising from such trials, whether filed before or after the enforcement of the above-said provisions." XXXXXXXX "Since the provisions for recovery of fine or compensation from the appellant/convict already existed in the existing procedure relating to the recovery, therefore, the provision introduced vide Section 148 of the Act; which relates only to recovery of amount partly, as interim measure, has to be treated purely procedural only, which is otherwise also beneficial for the appellant as compared to the pre-existing provisions. Hence it has to be held that provision of Section 148 of the Act shall govern all the app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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