9911796707
TMI Blog2020 (2) TMI 1717X X X X Extracts X X X X X X X X Extracts X X X X ..... y held in Surinder Singh Deswal [ 2020 (1) TMI 263 - SUPREME COURT ] that Section 148 of the Act has got retrospective operation. The position of law with regard to retrospective operation of the provision contained Section 148 of the Act has been re-iterated by the Apex Court in a very recent decision in Surinder Singh Deswal v. Virender Gandhi. The Apex Court has also held in this decision that, when suspension of sentence is ordered by the appellate court on the condition that deposit under Section 148 shall be made by the appellant and when the direction in that regard is not complied with by the appellant, the appellate court can hold that suspension of sentence stands vacated. In the instant case, the appellate court has directed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al court. The appeal was admitted by the Sessions Court. 5. The petitioner had filed Ext. P3 application for suspension of the sentence imposed on her by the trial court. Learned Sessions Judge allowed Ext. P3 application as per Ext. P4 order, which reads as follows: Heard the appellant. Sentence suspended on deposit of 20% of the compensation ordered by the trial court and executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) together with 2 solvent sureties each for a like sum. Two months time granted for deposit (In view of decision reported in 2019(3) KHC 355(SC) . 6. Ext. P4 order is assailed by the petitioner on the ground that it has been passed by the court below without considering whether there were special reasons for not is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the appellate court to deposit 20% of the amount of fine or compensation can only by way of exception for which special reasons are to be assigned. Section 148 of the Act confers power upon the appellate court to pass an order pending appeal to direct the appellant-accused to deposit the sum which shall not be less than 20% of the fine or compensation either on an application filed by the original complainant or even on the application filed by the appellant -accused under Section 389 of Cr.P.C. to suspend the sentence (See Surinder Singh Deswal v. Virender Gandhi AIR 2019 SC 2956). Therefore, in normal course, while suspending the sentence imposed on the accused by the trial court, the appellate court shall direct deposit of 20% of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ircumstances, if any, in the application filed by him for suspension of sentence. Then, the appellate court would be able to consider whether such reasons or circumstances pointed out by the appellant constitute special reasons or special circumstances sufficient for not making any direction under Section 148(1) of the Act. 13. In the instant case, the petitioner had not mentioned in Ex. P3 application any special reasons for exempting her from making deposit of amount under Section 148(1) of the Act. It was only mentioned in Ex. P3 application that the cause of action for filing the complaint arose prior to the date on which Section 148 of the Act came into force. This contention did not merit consideration by the appellate court because i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
