TMI Blog2022 (11) TMI 487X X X X Extracts X X X X X X X X Extracts X X X X ..... for doubt that at the time of considering prayer for suspension of sentence imposed by learned trial Court, appellate court is not estopped from imposing condition of deposit of minimum of 20% of compensation amount. Reliance placed in the judgment of Hon'ble Apex Court in SURINDER SINGH DESWAL @ COL. S.S. DESWAL AND OTHERS VERSUS VIRENDER GANDHI [ 2019 (5) TMI 1626 - SUPREME COURT ], wherein it has been held that even if original complaint is filed prior to amendment of S. 148 of the Act, appellate court can exercise power under S. 148 to direct accused to deposit minimum 20% of compensation. Though this court finds no merit in the present petition, however, having taken note of the fact that the petitioner has a huge liability ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of suspension of sentence, within two months. He states that since in the case at hand amount of compensation is Rs.40.00 Lakh, no illegality can be said to have been committed by learned court below, while directing accused to deposit 30% of compensation amount in lieu of suspension of sentence. 4. Having heard learned counsel for the parties and perused material available on record vis- -vis reasoning assigned in the impugned order, this court finds that appellate court, while suspending substantive sentence imposed by learned trial Court was well within its jurisdiction to direct the party seeking suspension of substantive sentence, to deposit minimum of 20% of compensation/fine amount awarded by learned trial Court. Careful perusal o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irect the complainant to repay to the appellant the amount so released, 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. . 6. However, this court finds no merit in the aforesaid submission in view of judgment of Hon'ble Apex Court in Surinder Singh Deswal v. Virender Gandhi, (2019) 11 SCC 341, wherein it has been held that even if original complaint is filed prior to amendment of S. 148 of the Act, appellate court can exercise power under S. 148 to direct accused to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7.1. Having observed and found 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 N.I. Act was being frustrated, the Parliament has thought it fit to amend Section 148 of the N.I. Act, by which the first appellate Court, in an appeal challenging the order of conviction Under Section 138 of the N.I. Act, is conferred with the power to direct the convicted Accused - Appellant to deposit such sum which shall be a minimum of 20% of the fine or compensation awarded by the trial Court. By the amendment in Section 148 of the N.I. Act, it cannot be said that any vested right of appeal of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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. 8. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch a manner it would serve the Objects and Reasons of not only amendment in Section 148 of the N.I. Act, but also Section 138 of the N.I. Act. Negotiable Instruments Act has been amended from time to time so as to provide, inter alia, speedy disposal of cases relating to the offence of the dishonoured of cheques. So as to see that due to delay tactics by the unscrupulous drawers of the dishonoured cheques due to easy filing of the appeals and obtaining stay in the proceedings, an injustice was caused to the payee of a dishonoured cheque who has to spend considerable time and resources in the court proceedings to realise the value of the cheque and having observed that such delay has compromised the sanctity of the cheque transactions, the P ..... X X X X Extracts X X X X X X X X Extracts X X X X
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