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TMI Blog2024 (3) TMI 172X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant Court in not giving any reason for deposit of 20 % of compensation amount, is of the view that no doubt that it is a statutory liability under Section 148 of Negotiable Instruments Act, which is enforceable by the Lower Appellate Court and has been very justifiably so ordered, therefore, this Court does not press for further reasoning to be mentioned in the order as to why 20 % compensation amount is to be deposited, rather the onus would be upon the petitioner-appellant to make out a case of an exception, if at all to show his inability to deposit the 20 % of compensation amount that too once he has been proved guilty and convicted by the trial Court for the offence under Section 138 of Negotiable Instruments Act, whereby cheque amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h stipulation for suspension of sentence. The reasoning given by the Lower Appellate Court would only be a case, where the Court has to grant an exception from deposit of such 20 % compensation amount, which is a prerequisite for entering into an appeal under Section 148 of Negotiable Instruments Act of the amount awarded by the trial Court under Section 357(3) Cr.P.C., and not to record reasons, wherein it is an obligation as per the provisions of Negotiable Instruments Act itself and hence such an argument does not hold good and is not acceptable. Petition dismissed. - HON'BLE MR. JUSTICE SANDEEP MOUDGIL Mr. Ramesh Chand Sharma , Advocate for the petitioner ORDER SANDEEP MOUDGIL, J ( ORAL ) 1. The jurisdiction of this Court has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount to deprivation of the right of appeal of the appellant, exception can be made for the reasons specifically recorded. 7. Therefore, when Appellate Court considers the prayer under Section 389 of the Cr.P.C. of an accused who has been convicted for offence under Section 138 of the N.I. Act, it is always open for the Appellate Court to consider whether it is an exceptional case which warrants grant of suspension of sentence without imposing the condition of deposit of 20% of the fine/compensation amount. As stated earlier, if the Appellate Court comes to the conclusion that it is an exceptional case, the reasons for coming to the said conclusion must be recorded. 8. The submission of the learned counsel appearing for the original complain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Court, it will not be necessary for the High Court to issue a notice of the date fixed for hearing. 4. This Court after having heard learned counsel for the petitioner with respect to the rationality of the order passed by the Lower Appellant Court in not giving any reason for deposit of 20 % of compensation amount, is of the view that no doubt that it is a statutory liability under Section 148 of Negotiable Instruments Act, which is enforceable by the Lower Appellate Court and has been very justifiably so ordered, therefore, this Court does not press for further reasoning to be mentioned in the order as to why 20 % compensation amount is to be deposited, rather the onus would be upon the petitioner-appellant to make out a case of an exce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fine or compensation awarded by the trial court. 7. This Court considered the question of validity for imposing the restriction to deposit 20% of the compensation amount as a pre-requisite for suspending the sentenced on the touchstone of the decision in Surinder Singh Deswal @ Col. S.S. Deswal Ors. Vs. Virender Gandhi (2019) 11 SCC 34, wherein the Apex Court, after having considered the provisions of Section 148 of the NI Act and the objects and reasons for its enactment by way of Amendment No.20/2018, held that the power of the Appellate Court in directing the accused to deposit more than 20% of the fine is mandatory in nature and as such upheld such stipulation for suspension of sentence. The relevant portion of Rajni Dhingra reads as u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed time of 60 days, which may be further extended by 30 days. 24. It is however further made clear that the period of 60 days shall now be counted from the date a certified copy of the order received by the trial Court. 8. In the light of above discussions as well as observations made in Rajni Dhingra's case (supra), the reasoning given by the Lower Appellate Court would only be a case, where the Court has to grant an exception from deposit of such 20 % compensation amount, which is a prerequisite for entering into an appeal under Section 148 of Negotiable Instruments Act of the amount awarded by the trial Court under Section 357(3) Cr.P.C., and not to record reasons, wherein it is an obligation as per the provisions of Negotiable Instr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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