9911796707
TMI Blog2021 (1) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... y be a different matter and the trial Court may in its wisdom, impose such a condition failing which the order suspending sentence may be vacated. In other words, his bail during the pendency of appeal may be cancelled upon failure of the appellant to comply with the direction of deposit of such amount as may have been directed by the Appellate Court. The right to appeal against conviction is an invaluable statutory right vested upon a convict by Cr.P.C. which cannot be allowed to be defeated by imposing any condition for availing such right. In fact, while giving a wider connotation to Article 21 of Constitution of India, it can even be said that depriving a convict of his right to appeal by imposing any pre-requisite for availing his statutory right to challenge conviction in a higher Court would amount to depriving his liberty without adhering to the established procedure of law - Even though the Negotiable Instruments Act, 1881 is a special Act and could override provisions of Cr.P.C., but there is no such specific provision in the Act which could be interpreted to mean that availing of right to appeal by a person convicted for an offence under the Act, has been made subject ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present appeal is admitted for hearing, subject to just exceptions and to deposit of 20% of the compensation amount in view of latest amendment in Section 148 of Negotiable Instruments Act (applicable w.e.f. 01.09.2018), within one month from today. It is registered as Criminal Appeal. Now notice of this appeal be issued to the respondent through ordinary process as well as speed post on furnishing of speed post charges and copies of grounds of appeal within a week for 02.07.2020. Trial Court Record be also called for that date. Along with the appeal, the appellant has also filed an application for suspension of sentence and bail during the pendency of the appeal. Hence, the sentence of the appellant is suspended and the appellant is directed to submit the personal bond in the sum of ₹ 50,000/- with one surety in the like amount, to the satisfaction of the Illaqa/Duty Magistrate within 15 days from today and the appellant shall furnish an affidavit in this court with regard to furnishing the personal/surety bonds on the next date. Copy of this order be forwarded to the learned Trial Court with the direction to send the bail bond and surety bond to this court immedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o order payment pending appeal against conviction- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent of the fine or compensation awarded by the trial Court: Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under section 143A. (2)The amount referred to in sub-section (1) shall be deposited 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 appellant. (3)The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal: Provided that if the appellant is acquitted, the Court shall direct 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... behalf of petitioner in this regard cannot be accepted. 9. Submission no. (ii) : Section 148 of the Act, while vesting the Appellate Court with a power to direct the appellants to deposit an amount not less than 20% of the compensation amount, also specifically prescribes the period during which such amount is required to be deposited. Sub-section (2) of Section 148 of the Act, wherein the said period is prescribed reads as under: 148. Power of Appellate Court to order payment pending appeal against conviction- (1) x x x (2) The amount referred to in sub-section (1) shall be deposited 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 appellant. 3) x x x 10. A perusal of the aforesaid provisions of Section 148(2) of the Act would show that it is provided in unambiguous terms that the amount is required to be deposited within a period of 60 days which may further be extended by another 30 days. In the instant case, the lower Appellate Court having granted one month's period only for depositing the amount, the same is contra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ission of an appeal. In other words, the provisions of the statute which vests a convict with a valuable right to challenge his conviction are not circumscribed by any conditions. Nor does any provision of the Negotiable Instruments Act, 1881 refer to any pre-condition for availing a valuable right of first appeal. Section 148 of the Act just vests the Appellate Court with the power to direct the appellant to deposit an amount not less than 20% of the compensation amount but under no circumstances the same can be interpreted to be a condition pre-requisite for availing the right of appeal. Imposition of any condition at the time of suspending of sentence may be a different matter and the trial Court may in its wisdom, impose such a condition failing which the order suspending sentence may be vacated. In other words, his bail during the pendency of appeal may be cancelled upon failure of the appellant to comply with the direction of deposit of such amount as may have been directed by the Appellate Court. 13. The right to appeal against conviction is an invaluable statutory right vested upon a convict by Cr.P.C. which cannot be allowed to be defeated by imposing any condition for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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