TMI Blog2023 (9) TMI 560X X X X Extracts X X X X X X X X Extracts X X X X ..... whether the case falls in exception or not. In these cases, both the Sessions Courts and the High Court have proceeded on the erroneous premise that deposit of minimum 20% amount is an absolute rule which does not accommodate any exception - The learned counsel appearing for the appellants, at this stage, states that the appellants have deposited 20% of the compensation amount. However, this is the matter to be examined by the High Court. The impugned orders of the High Court set aside - the revision petitions filed by the appellants before the High Court restored - appeal allowed. - Hon'ble Mr. Justice Abhay S. Oka And Hon'ble Mr. Justice Pankaj Mithal For the Petitioner(s) : Mr. Vinayak Bhandari, Adv., Ms. Nidhi Kha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. The paragraph 8 of the decision of this Court in the case of Surinder Singh Deswal Alias Colonel S.S. Deswal and Others [(2019) 11 SCC 341] reads thus: - 8. Now so far as the submission on behalf of the appellants that even considering the language used in Section 148 of the NI 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 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 NI Act as amended is concern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heques. 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. Parliament has thought it fit to amend Section 148 of the NI Act. Therefore, such a purposive interpretation would be in furtherance of the Objects and Reasons of the amendment in Section 148 of the NI Act and also Section 138 of the NI Act. (underline supplied) 6. What is held by this Court is that a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... When an accused applies under Section 389 of the Cr.P.C. for suspension of sentence, he normally applies for grant of relief of suspension of sentence without any condition. Therefore, when a blanket order is sought by the appellants, the Court has to consider whether the case falls in exception or not. 10. In these cases, both the Sessions Courts and the High Court have proceeded on the erroneous premise that deposit of minimum 20% amount is an absolute rule which does not accommodate any exception. 11. The learned counsel appearing for the appellants, at this stage, states that the appellants have deposited 20% of the compensation amount. However, this is the matter to be examined by the High Court. 12. In these circumstances, we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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