9911796707
TMI Blog2021 (1) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner, it appears that notice was duly given to the complainant/opposite party. Despite service of notice, no one appeared on behalf of the complainant/opposite party. 3. On 12.11.2014 the Learned Judicial Magistrate, 2nd Court, Tamluk, Purba Medinipur convicted the present petitioner on a charge under Section 138 of the Negotiable Instruments Act for the dishonour of two cheques, one amounting to Rs. 20,000/- and the other amounting to Rs. 29,900/-, and sentenced him to suffer simple imprisonment till the rising of the Court and to pay Rs. 90,000/- as compensation to the complainant. 4. Being aggrieved by the judgment and order of conviction and sentence passed by the Learned Trial Court, the petitioner preferred an appeal being Crim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of delay in his application under Section 5 of the Limitation Act. The appellant's right to prefer an appeal should not get frustrated merely because of his inability to pay 50% of the compensation amount awarded, that too during the Covid-19 pandemic. A further opportunity ought to have been given by the Learned Appellate Court for the petitioner to pay a lesser percentage of the compensation amount. The order directing the appellant to pay was not a final order and as such, could have been modified by the Learned Appellate Court. 8. I have heard the submissions of the learned counsel appearing on behalf of the petitioner and have perused the revision petition and the subsequent order dated 25.11.2020 passed by the Learned Appellate C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lished 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." 11. Therefore, a minimum of 20% of the compensation amount may be directed to be paid at the time of hearing of the appeal. Thus, fixing 50% of the compensation amount as a pre-condition for hearing of the application and the appeal was not an absolute imperative. It has to be remembered that the right of appeal of a convict is too precious to be thwarted by technical embargoes, that too discretionary ones. As such, so far as the direction to pay 50% of the comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n order of a Court is set aside by a superior Court, then the consequent orders passed by the earlier Court subsequently shall also have to be set aside. On this, reliance is placed on the decision of the Hon'ble Apex Court in State of U.P. & Ors. Versus M/s. Mahindra & Mahindra Ltd., (2011) 13 SCC 77 and the decision of the Hon'ble Patna High Court in Lila Mahton Versus Sheo Govind Singh, AIR 1956 Pat 108. 15. It is trite law that inherent powers as contemplated under Section 482 of the Code can be exercised to give effect to an order passed under the Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. In Inder Mohan Goswami versus State of Uttaranchal & Ors., (2007) 12 SCC 1, the Hon& ..... X X X X Extracts X X X X X X X X Extracts X X X X
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