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TMI Blog2022 (1) TMI 1007X X X X Extracts X X X X X X X X Extracts X X X X ..... where it was held that there are no reason to interfere with the impugned common judgment and order passed by the High Court dismissing the revision application/s, confirming the order passed by the first appellate court directing the appellants to deposit 25% of the amount of fine/compensation pending appeals. There are no illegality in the impugned order, as such the petition stands dismissed and all interim orders are vacated. - CRM-M-55054-2019 (O&M) - - - Dated:- 14-1-2022 - HON'BLE MR. JUSTICE ANOOP CHITKARA Mr. Vivek Goyal, Advocate for the petitioner. Mr. Manish Bansal, DAG, Haryana. Mr. Rishi Pal Singh, Advocate for respondent No.2. ORDER ANOOP CHITKARA, J. 1. The petitioner who stands ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicable. However, it is required to be noted that at the time when the appeals against the conviction of the appellants for the offence under Section 138 of the NI Act were preferred, Amendment Act 20 of 2018 amending Section 148 of the NI Act came into force w.e.f. 1-9-2018. Even, at the time when the appellants submitted application(s) under Section 389 CrPC to suspend the sentence pending appeals challenging the conviction and sentence, amended Section 148 of the NI Act came into force and was brought on statute w.e.f. 1-9-2018. Therefore, considering the object and purpose of the amendment in Section 148 of the NI Act and while suspending the sentence in exercise of powers under Section 389 CrPC, when the first appellate court directe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [GarikapatiVeeraya v. N. Subbiah Choudhry, AIR 1957 SC 540] and Videocon International Ltd. [Videocon International Ltd. v. SEBI, (2015) 4 SCC 33] , relied upon by the learned Senior Counsel appearing on behalf of the appellants shall not be applicable to the facts of the case on hand. Therefore, considering the Statement of Objects and Reasons of the amendment in Section 148 of the NI Act stated hereinabove, on purposive interpretation of Section 148 of the NI Act as amended, we are of the opinion that Section 148 of the NI Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for the offence under Section 138 of the NI Act, even in a case where the criminal complaints for the offence un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellate court is an exception for which special reasons are to be assigned. Therefore amended Section 148 of the NI Act confers power upon the appellate court to pass an order pending appeal to direct the appellant-accused to deposit the sum which shall not be less than 20% of the fine or compensation either on an application filed by the original complainant or even on the application filed by the appellant-accused under Section 389 CrPC to suspend the sentence. The aforesaid is required to be construed considering the fact that as per the amended Section 148 of the NI 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 da ..... X X X X Extracts X X X X X X X X Extracts X X X X
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