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TMI Blog2024 (5) TMI 736X X X X Extracts X X X X X X X X Extracts X X X X ..... such delay has compromised sanctity of cheque transaction, Parliament thought it fit to amend Section 148 Purposive interpretation of Section 148 would be in furtherance of Objects and Reasons of amendment of Section 148 and also Section 138 of the Negotiable Instruments Act, 1881. In the instant case, the Appellate court although vide order dated 27.03.2024 had admitted the appeal and also allowed the Bail Application moved by the applicant/petitioner but by the same order despite admitting the appeal preferred by the applicant/appellant had erroneously ordered to pay 50% of the fine as ordered vide impugned order dated 01.03.2024 within a period of 30 days from the date of the order and also provided that in case of non-deposition of fine by the appellant/applicant, the order of granting bail to the appellant/applicant shall stand automatically cancelled, thus, the appellate court while passing the impugned order dated 27.03.2024 by which it has only stayed 50% of the fine as directed vide order dated 01.03.2024 passed by the trial court has failed to consider the Statutory Provisions as enshrined under Section 148(1) and 148(2) of the Negotiable Instrument Act, 1881 which result ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, however, learned A.G.A for the State has accepted notice on behalf of State-opposite party No.1. 3. The instant application under Section 482 Cr.P.C. has been filed with following prayer:- This Court may kindly be pleased to direct the learned trial court to accept only 20% amount in Criminal Appeal No.83 of 2024 relating to Complaint Case No.2213 of 2017, under Sections 138 N.I. Act, Police Station Gomti Nagar, District Lucknow. 4. Learned Counsel for the applicant submitted that initially, the present opp. party no. 2 filed a complaint U/S 138 of Negotiable Instruments Act, 1881 against the applicant bearing Complaint Case No.2213 of 2017 at Police Station Gomti Nagar, District Lucknow with allegations that the applicant had given cheques for total amount of Rs.4,50,000/- to the complainant for purchase of land, however, the said cheque got dishonored. 5. Learned Counsel for the applicant further submitted that the applicant contested the matter before the Trial Court, wherein he got convicted and was ordered to pay Rs.6,75,000/- alongwith simple imprisonment for three months. In case of default of payment of fine, he was ordered to further undergo simple imprisonment for two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant. 10. Learned Counsel for the applicant further submitted that the Learned Appellate Court although vide order dated 27.03.2024 has been pleased to admit the appeal and also to allow the Bail Application but by the same order, it had directed the applicant to deposit 50% of the fine imposed vide impugned order dated 01.03.2024 passed by the Trial Court within a period of 30 days from the date of the order and also provided that in case non-deposition of fine by the applicant, the bail order shall stand automatically cancelled. 11. Learned Counsel for the applicant further submitted that the Appellate Court while passing the impugned order dated 27.03.2024 by which it has only stayed 50% of the fine as imposed by the Trial Court, has failed to consider the Statutory Provisions as enshrined U/S 148(1) 148 (2) of The Negotiable Instruments Act 1881, which resulted in miscarriage of justice. 12. Learned Counsel for the applicant further submitted that the impugned order dated 27.03.2024 by which the Appellate Court has provided that in case of failure of deposition of 50% fine by the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Amendment) Act, 2018 (Act No 20 of 2018) to provide, inter alia, speedy disposal of cases relating to dishonor of cheques so as to see that due to delay tactics by unscrupulous drawers of dishonored cheques due to easy filing of appeals and obtaining stay in proceedings, injustice caused to payee of dishonored cheque who has spent considerable time and resource in court proceedings to realise value of cheque, thus, having observed that such delay has compromised sanctity of cheque transaction, Parliament thought it fit to amend Section 148 Purposive interpretation of Section 148 would be in furtherance of Objects and Reasons of amendment of Section 148 and also Section 138 of the Negotiable Instruments Act, 1881. Section 148 of The Negotiable Instruments Act 1881, which has been inserted in the Act through Negotiable Instruments (Amendment) Act, 2018 (Act No 20 of 2018) is reproduced hereunder : - Section-148 : Power of Appellate Court to order payment pending appeal against conviction (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 01.03.2024 within a period of 30 days from the date of the order and also provided that in case of non-deposition of fine by the appellant/applicant, the order of granting bail to the appellant/applicant shall stand automatically cancelled, thus, the appellate court while passing the impugned order dated 27.03.2024 by which it has only stayed 50% of the fine as directed vide order dated 01.03.2024 passed by the trial court has failed to consider the Statutory Provisions as enshrined under Section 148(1) and 148(2) of the Negotiable Instrument Act, 1881 as discussed above, which resulted in miscarriage of justice. 20. It is further observed here that the impugned order dated 27.03.2024 passed by the Appellate Court, by which it was provided that in case of failure of deposition of 50% of the fine by the appellant/applicant, the Bail Order shall stand automatically cancelled appears to be punitive in nature and is against the settled proposition of law as it is a settled proposition of law, that if any appeal is presented by the appellant and the same is admitted by the Appellate Court, in that event, it is also obligatory for the Appellate Court to grant interim relief in the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellate court for sufficient cause shown by the appellant. Therefore, if amended Section 148 of the NI Act is purposively interpreted in such a manner it would serve the Objects and Reasons of not only amendment in Section 148 of the NI Act, but also Section 138 of the NI Act. The 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 dishonour of cheques. So as to see that due to delay tactics by the unscrupulous drawers of the dishonoured cheques due to easy filing of the appeals and obtaining stay in the proceedings, an injustice was caused to the payee of a dishonoured cheque who has to spend considerable time and resources in the court proceedings to realise the value of the cheque and having observed that such delay has compromised the sanctity of the cheque transactions, Parliament has thought it fit to amend Section 148 of the NI Act. Therefore, such a purposive interpretation would be in furtherance of the Objects and Reasons of the amendment in Section 148 of the NI Act and also Section 138 of the NI Act. 22. Further, the Hon'ble Supreme Court in the case of Jamboo Bhan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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