TMI Blog2023 (12) TMI 1056X X X X Extracts X X X X X X X X Extracts X X X X ..... the law laid down by the Hon'ble Apex court in Surinder Singh Deswal [ 2019 (5) TMI 1626 - SUPREME COURT] , the first appellate court is conferred with the power to direct the applicant to deposit such amount pending appeal which shall be minimum 20% of fine or compensation awarded by the trial court. The impugned order dated 19.1.2023 passed by the first appellate court appears to be just and proper which does not suffer from any illegality or irregularity - this criminal revision petition is accordingly dismissed by affirming the order passed by the first appellate court. The applicant is directed to deposit the said amount before the trial court within a period of one month from the date of receipt of certified copy of this order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vs. Virender Gandhi reported in AIR 2019 SC 2956. 4. Heard learned counsel for the parties and perused the record. 5. From perusal of the record of the trial court as well as the impugned order passed by the first appellate court, it appears that under section 138 of Negotiable Instruments Act, there is a specific provision that court has empowered to punish the accused with jail sentence which may be extended to two years or with fine which may extend to twice the amount of the cheque or with both. 6. In the instant case the amount of disputed cheque is Rs. 4,79,183 and total payable amount with interest is 9,57,381/-. The Hon'ble Apex court in the case of Surinder Singh Deswal (supra) has held as under:- 9. Now so far as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aforesaid is required to be construed considering the fact that as per the amended section 148 of the N.I. Act, a minimum of 20% of the fine or compensation awarded by the trial court is directed to be deposited and that such amount is to be deposited within a period of 60 days from the date of the order, or within such further period not exceeding 30 days as may be directed by the appellate court for sufficient cause shown by the Appellant. Therefore, if amended section 148 of the N.I.Act is purposively interpreted in such 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... challenging the order of conviction and sentence under Section 138 of the N.I. Act, the appellate court is conferred with the power to direct the appellant to deposit such sum pending appeal which shall be a minimum of 20% of the fine or compensation awarded by the trial Court. In view of the above and for the reasons stated herein above, impugned Judgment and Order passed by the High Court does not call for any interference. 7. In view of the law laid down by the Hon'ble Apex court, the first appellate court is conferred with the power to direct the applicant to deposit such amount pending appeal which shall be minimum 20% of fine or compensation awarded by the trial court. 8. Therefore, the impugned order dated 19.1.2023 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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