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TMI Blog2019 (8) TMI 1818X X X X Extracts X X X X X X X X Extracts X X X X ..... A1, which reads : "Heard. The sentence imposed by the trial court hereby stands suspended on the following conditions: 1. On depositing Rs.75,000/- (Rupees Seventy Five Thousand only) being a portion of the compensation awarded by the lower court within 30 days from today. 2. On executing a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the lower court." 2. The accused has complied with the conditions imposed as above and got the execution of the sentence imposed by the trial court on him, suspended. During the pendency of the appeal, the complainant has filed Crl.M.P. No.721/2019 in Crl.Appeal No.156/2016 under Section 148 N.I. Act seeking for an order directing the appellant/accused to deposit such sum of compensation awarded by the trial court, and to direct the release of the amount so deposited, to him. The application was allowed by the appellate court by order passed on 13.06.2019, the copy of which is appended to this petition as Annexure A2, the relevant part of which is extracted hereunder : "In the result, the appeal is allowed as follows : 1. The appellant/accused is directed to depo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 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 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." 8. Section 148 is a new provision incorporated into N.I Act by Negotiable Instruments (Amendment) Act, 2018, directed by the Parliament to be effective from 01.09.2018. On a reading of the provision it is unambiguous that the Parliament intends it to be invoked in appeals preferred by the accused challenging the judgment pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of appeal of the accused and therefore the amendment shall not be made applicable retrospectively and more particularly with reference to cases/complaints filed prior to 01.09.2018 and held that with the amendment incorporating Section 148 into N.I Act, no substantive right of appeal has been taken away and/or effected. 13. The situation on hand needs to be analysed in that backdrop. In the case on hand, the cause of action for preferring the prosecution before the trial court was originated with the dishonour of a cheque on 05.11.2012 for insufficiency of funds. The judgment which constrained the accused to file appeal was passed as early as on 17.10.2016. Crl.Appeal was filed against the judgment on 15.11.2016. 14. By Annexure A1 order the sentence was ordered to be suspended on compliance of conditions directing execution of bond and deposit of Rs.75,000/- towards compensation awarded by the trial court. According to the petitioner, he has complied both conditions and got his sentence suspended. 15. The Apex Court in Surinder's case (supra) had held that the power under Section 148 N.I. Act to issue direction to the accused to deposit a sum, which shall not be less than ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by either party to the appeal beyond that time shall not be entertained by the appellate court in view of sub-sections (2) and (3) and proviso thereunder, which stipulate time for making deposits, provision for release of the amount deposited to the complainant and for refund of the amount to the appellant/accused on himself being acquitted. 20. In the case on hand as revealed from the dates and events of Crl.A. No.156/2016, the appeal was preferred on 15.11.2016, finally heard on 05.07.2018 and posted for judgment on 25.07.2018. On 10.08.2018, the case was reopened for further hearing and Crl.M.P. No.721/2019 was filed by the complainant. On 13.06.2019, Crl.M.P was allowed directing the accused to deposit 20% of the compensation awarded by the trial court within 30 days from 13.06.2019, the date of Annexure A2 order. The accused was directed to file a memo before the court which passed the order on or before 15.07.2019 after making the deposit. The trial court was directed to release the amount, if deposited to the complainant subject to proviso to sub-section (3) of Section 148 N.I. Act. 21. Crl.M.P. No.721/19 seeking for an order directing the accused to deposit a portion of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersal of the judgment under challenge and acquittal of the accused, the complainant has to repay the amount to the accused. In the case on hand, since the judgment in the appeal was at the verge of pronouncement, the very purpose contemplated under sub-sections (2) and (3) and proviso thereto could not be served with the deposit directed to be made by the appellant vide order passed on 13.06.2019. The pronouncement of the judgment either convicting or acquitting the accused being imminent, provisions (2) and (3) and proviso thereunder would become meaningless on directing deposit being made at that stage. 22. Moreover, the impugned order was passed by the appellate court unmindful of Annexure A1 order passed by it in Crl.M.P. No.3177 of 2016 on 15.11.2016. At the time of passing Annexure A1 order to suspend the execution of the sentence, the court has directed the accused to deposit Rs.75,000/-, a portion of the compensation awarded by the lower court by the impugned judgment. The said direction was also complied with by depositing Rs.75,000/- before the trial court. Accordingly, the execution of the sentence under challenge in Crl.A.156/2016 was suspended. The order suspending th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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