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TMI Blog2022 (6) TMI 771X X X X Extracts X X X X X X X X Extracts X X X X ..... ellate court in criminal appeal no. 12 of 2017 was pleased to reject the respondent's petition dated 7.1.2019 by its order no. 13 dated 11.6.2019. In the said application, respondent no. 1 prayed for a direction upon accused/respondent who was convicted to deposit at least 20% of the compensation amount as awarded by the trial court towards condition of admission of appeal. It was also urged before the appellate court that the statutory obligation on the part of the appellant is to deposit Rupees forty thousand in compliance with the mandate of the Section 148 of the Negotiable Instruments Act which has been introduced in the year 2018. Learned appellate court, after considering the said prayer made by the complainant/Appellant was please ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment in Surinder Singh Deswal @ Col. S.S. Deswal and ors. vs. Virender Gandhi. It is true that prior to the introduction of Section 148 of the Negotiable Instruments Act, present appeal was preferred, but it does not mean that the appellate court's hands are tied to ask the convict appellant to deposit certain percentage of the compensation amount as a condition for admitting the appeal. In this context, paragraph 8 and 9 of the Surinder Singh Deswal (supra) may be quoted as under: "8.1 Having observed and found that because of the delay tactics of unscrupulous drawers of dishonoured cheques due to easy filing of appeals and obtaining stay on proceedings, the object and purpose of the enactment of Section 138 of the N.I. Act was being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of the appeals against the order of conviction and sentence for the offence under Section 138 of the N.I. Act, even in a case where the criminal complaints for the offence under Section 138 of the N.I. Act were filed prior to amendment Act No. 20/2018 i.e., prior to 01.09.2018. If such a purposive interpretation is not adopted, in that case, the object and purpose of amendment in section 148 of the N.I. Act would be frustrated. Therefore, as such , no error has been committed by the learned first appellate court directing the appellants to deposit 25% of the amount of fine/compensation as imposed by the learned trial court considering Section 148 of the N.I. Act, as amended. 9. Now so far as the submission on behalf of the appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amended Section 148 of the N.I. 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 days from the date of the order, or within such further period not exceeding 30 days as may be directed by the appellate court for sufficient cause shown by the appellant. Therefore, if amended Section 148 of the N.I. Act is purposively interpreted in such a manner it would serve the Objects and Reasons of not only amendment in Section 148 of the N.I. Act, but also Section 138 of the N.I. Act. Negotiable Instruments Act has been amended from time to time so as to provide, inter alia, speedy disposal of cases relating to the offence of the di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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