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TMI Blog2021 (3) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... f Criminal Procedure, 1973, all offences under this Chapter shall be tried by Judicial Magistrate of the First Class or by a Metropolitan Magistrate and the provisions of Sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trials. By amending Act of 20 of 2018 which came into effect from 1st September 2018, Section 143A has been inserted in this statute. Section 143A gives power to the Court trying an Offence under Section 138 of the Act to Order the drawer of the cheque to pay interim compensation to the complainant. Under Section 148(1) of the N.I. Act, the Appellate Court can direct the drawer of the cheque in an Appeal against conviction under Section 138 of the Act to deposit such sum which shall be minimum of twenty percent of the fine or compensation awarded by the Trial Court. This Court is of the considered opinion that, the direction of the Appellate Court to deposit 25% of compensation amount is inadequate and needs to be enhanced. Accordingly, the accused is directed to deposit 50% of the total compensation amount in the Registry of the Appellate Court within a period of four weeks from the date of the uploading of the pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd annexed to the Petitions. 5. The record reveals that, the complainant Habib Fakih had instituted a complaint bearing S.C.C. No. 589 of 2010 under Section 138 of N.I. Act in the Court of Judicial Magistrate First Class, Pen, Dist. Raigad. The Trial Court by its Judgment and Order dated 11th February 2020 was pleased to convict the accused for the offence punishable under Section 138 of N.I. Act and sentenced him to suffer rigorous imprisonment of two years. The Trial Court also directed the accused to pay compensation of ₹ 1,88,30,000/- to the complainant within one month from the date of passing of the said Order and in default of payment of the said compensation to further suffer rigorous imprisonment for six months. 6. The record further reveals that, after pronouncement of the said Judgment and Order, the accused filed an Application under Section 389(3) of the Cr.P.C. for suspension of sentence and his release on bail. The Trial Court by its Order dated 11th February 2020 passed below Exh.171, while suspending the sentence awarded to the accused, imposed a condition that, the accused to deposit 25% of the total compensation amount i.e. ₹ 47,07,500/- within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only thereafter the Trial Court disposed off the said complaint. He submitted that, the accused has been directed to pay a total sum of ₹ 1,88,30,000/- to the complainant by the Trial Court and as per the directions of the Appellate Court, the accused to deposit only 25% of the said amount during the pendency of the said Appeal is insufficient. Mr. Desai by relying on the observations made by the Apex Court, in the case of Makwana Mangaldas Tulsidas Vs. State of Gujarat and Anr. in S.L.P. (Criminal) No.5464 of 2016 dated 05th March 2020 (downloaded from internet site Indiankanoon ), submitted that, a matter which is supposed to be disposed off summarily by the Trial Court in six months, took about ten years for disposal at the Trial Court level. That, it will take substantial time even to decide the Appeal and for that reason the complainant should not be further made to suffer. He submitted that, proviso to Section 148(1) of N.I. Act permits an additional compensation to be awarded than the interim compensation paid by the appellant under Section 143A of the Act and therefore the Court has every power to direct the accused to pay more interim compensation over and above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave to Appeal (Cri.) No. 7589 of 2018, after taking into consideration the fact that, the complaint lodged by the complainant is pending for 9 years, had directed the Trial Court to conclude the proceedings within a period of three months. It is only thereafter, the Trial Court has ultimately decided the present complaint. As the substantive Appeal preferred by the accused is pending before the Appellate Court for final adjudication, this Court is precluded from commenting on the merits involved in it. The issue before this Court therefore is, whether to increase compensation awarded by the Appellate Court by its Order dated 27th February 2020 passed below Exh.-4. The Appellate Court has rejected Application of the complainant filed below Exh.10 for modification of the said Order by its impugned Order dated 28th September 2020. 11. It is a fact on record that, the complainant had instituted complaint on 30th December 2010 and the same came to be decided on 11th February 2020 i.e. almost after nine and half years. As noted earlier, the Trial Court has directed the accused to pay a compensation of ₹ 1,88,30,000/-. The Appellate Court while passing Order below Exh.-4 ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under this Chapter shall be tried by Judicial Magistrate of the First Class or by a Metropolitan Magistrate and the provisions of Sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trials. By amending Act of 20 of 2018 which came into effect from 1st September 2018, Section 143A has been inserted in this statute. Section 143A gives power to the Court trying an Offence under Section 138 of the Act to Order the drawer of the cheque to pay interim compensation to the complainant. Sub-section (2) of Section 143A states that, the interim compensation under sub-section (1) shall not exceed twenty percent of the amount of the cheque. A corresponding amendment to Section 148 of the Act has also been brought into effect by the same Amendment Act i.e. 20 of 2018. Section 148 of the N.I.Act deals with power of Appellate Court to Order payment pending appeal against conviction. Sub-Section (1) of Section 148 states that, notwithstanding anything contained in the Code of Criminal Procedure, 1973, 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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