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TMI Blog2020 (2) TMI 1637X X X X Extracts X X X X X X X X Extracts X X X X ..... n 148(2) of the Act provides that, 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 - Issuing a direction under Section 148(1) of the Act to deposit a minimum of 20% of the fine amount or compensation amount is mandatory. Such an order can be passed by the appellate court on an application filed by the original complainant or on the application filed by the appellant/accused under Section 389 Cr.P.C to suspend the sentence. Exercise of the power under Section 148(1) of the Act by the appellate court is the rule. Non-exercise of the power under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used in the case S.T No. 3225/2015 on the file of the Court of the Judicial First Class Magistrate, Taliparamba. 3. The trial court found the petitioner guilty of the offence punishable under Section 138 of the Act and convicted him thereunder. The trial court sentenced the petitioner to undergo simple imprisonment for a period of three months and directed him to pay an amount of Rs.5,00,000/- as compensation to the complainant and in default of payment of compensation, to undergo simple imprisonment for a period of two months. 4. The petitioner filed appeal before the Court of Session, Thalassery, challenging the order of conviction and sentence passed against him by the trial court. The Sessions Court admitted the appeal. 5. The petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 11. Issuing a direction under Section 148(1) of the Act to deposit a minimum of 20% of the fine amount or compensation amount is mandatory. Such an order can be passed by the appellate court on an application filed by the original complainant or on the application filed by the appellant/accused under Section 389 Cr.P.C to suspend the sentence. Exercise of the power under Section 148(1) of the Act by the appellate court is the rule. Non-exercise of the power under Section 148(1) of the Act can only be under very exceptional circumstances (See Surinde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re-II order is dated 24.12.2019. Therefore, the petitioner was liable to deposit the amount only on or before the date 22.02.2020. The period provided under the statute is now over. As per Section 148(2) of the Act, the petitioner is entitled to seek a further period of thirty days for depositing the amount on showing sufficient cause. In the instant case, as per Annexure-III order, the appellate court has already exercised the power under Section 148(2) of the Act to grant extension of time for a further period of thirty days. Considering this aspect, I find that it is only proper to grant the petitioner a further period of thirty days from 22.02.2020 for complying with the direction contained in Annexure-II order for depositing the amount ..... X X X X Extracts X X X X X X X X Extracts X X X X
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