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TMI Blog2020 (2) TMI 1717X X X X Extracts X X X X X X X X Extracts X X X X ..... r. 3. The aforesaid case was instituted upon the complaint filed by the first respondent under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). After trial, the learned Magistrate found the petitioner guilty of the offence under Section 138 of the Act and convicted her thereunder and sentenced her to imprisonment till the rising of the court and also directed her to pay an amount of Rs. 67,65,000/- as compensation to the complainant and in default of payment of compensation, to undergo simple imprisonment for a period of fifteen days. 4. The petitioner filed appeal before the Court of Session, Thalassery challenging the conviction entered against her and the sentence imposed on her by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ides that, 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 deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial court. 10. Section 148 was introduced in the Act with effect from 01.09.2018. Section 148 (1) of the Act empowers the court, in which an accused has filed appeal against conviction, to direct him to deposit such sum which shall be a minimum of 20% of the amount of fine or compensation awarded by the trial court. Though the expression used in Section 148(1) of the Act is "may", it is generally to be construed as a "rule" or "shall". Absen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so. It is when the appellate court does not make a direction under Section 148 of the Act for deposit of the amount that it has to assign special reasons. In fact, exercise of the power under Section 148 of the Act is the rule and non-exercise of such power is the exception. 12. It is not necessary for the appellate court to suo motu find out special reasons for not making a direction under Section 148(1) of the Act. The appellate court is not required to minutely assess the merits of the appeal and find out such special reasons. It is for the appellant-accused to point out to the appellate court the special circumstances, if any existing, for not making a direction under Section 148(1) of the Act. The appellant-accused can mention such s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of sentence stands vacated.
15. In the instant case, the appellate court has directed the petitioner to deposit only the minimum amount, that is, 20% of the amount of compensation awarded by the trial court. I find no illegality or impropriety in Ext. P4 order passed by the appellate court. The petition is liable to be dismissed.
16. The time granted by the appellate court for deposit of the amount has now expired. It is only proper to extend the period for deposit of the amount by the petitioner till the date of expiry of 90 days from the date of Ext. P4 order.
17. In the result, the original petition is dismissed. The petitioner is granted time till 07.02.2020 for depositing the amount mentioned in Ext. P4 order. X X X X Extracts X X X X X X X X Extracts X X X X
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