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TMI Blog2024 (5) TMI 1424X X X X Extracts X X X X X X X X Extracts X X X X ..... orders impugned to the extent it directed the petitioner to deposit 20% of the amount of compensation imposed by the trial court stand set aside. The Sessions Court is directed to reconsider the applications afresh after affording opportunity of hearing to both sides within a period of one month from the date of receipt of a copy of this judgment. - THE HONOURABLE MR.JUSTICE K. BABU FOR THE PETITIONER : BY ADVS. K. G. CLEETUS N. V. PAUL FOR THE RESPONDENT : SRI. G. SUDHEER. P. P JUDGMENT The petitioner is the accused in S.T.Nos. 119/2016, 120/2016 and 121 /2016. The petitioner has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment till rising of the Court and also to pay a fine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... N.I Act. Hence, normally, Appellate Court will be justified in imposing the condition of deposit as provided in Section 148. However, in a case where the Appellate Court is satisfied that the condition of deposit of 20% will be unjust or imposing such a condition will amount 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% ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 48 of the N.I. Act : (a) Under Section 148 of the N.I Act, the Appellate Court has a discretion to either order the appellant to deposit a portion of the fine or compensation awarded by the Trial Court or to waive such deposit. In either event, since it would be exercising a statutory discretion, the Appellate Court would be legally obliged to furnish reasons for its decision so as to unambiguously indicate that its discretion was exercised keeping in mind the object of the statutory provision. (b) If the Appellate Court, pursuant to the exercise of its discretion, finds that the appellant is required to deposit a portion of the fine or compensation awarded by the Trial Court pending disposal of the appeal, then the amount directed to be de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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