A convict in a Section 138 NI Act case, ordered on admitting his appeal to deposit Rs. 45,000 within 19 days, challenged that condition. The High Court held it contravened Section 148(2), which requires at least 60 days, quashed the order and allowed 30 days for deposit.
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Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
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| C 482 No. 360 of 2024 Hon’ble Rakesh Thapliyal, J. |
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| 1. Mr. Lalit Sharma, learned counsel for the applicant. 2. Mr. Saurabh Pandey, learned Brief Holder for the State. 3. By the instant C 482 application, present applicant is challenging the order dated 03.11.2023 passed by Addl. Sessions Judge, Ram Nagar, District Nainital in Criminal Appeal No. 66 of 2023 whereby he was directed to deposit Rs. 45,000/- by the next date fixed i.e. 22.11.2023. 4. Present applicant has been convicted in proceedings initiated under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo imprisonment for a period of 18 months and to pay a sum of Rs. 9,00,000/-. Present applicant preferred the statutory appeal before the Addl. Sessions Judge, Ram Nagar, Nainital, which was admitted on 03.11.2023 and applicant was enlarged on bail subject to the condition that he will deposit Rs. 45,000/- by the next date fixed. 5. Learned counsel for the applicant submits that applicant could not deposit the amount by the date fixed because applicant is very poor and his financial condition is not good. He further submits that by the order dated 03.11.2023, only 19 days’ time was given to the applicant to deposit the amount, though Section 148 (2) of the Negotiable Instruments Act, 1881 stipulates 60 days’ time to deposit the same, which can further be extended for another 30 days. 6. After taking into consideration, the arguments advanced by learned counsel for the applicant, this Court finds the substance in the arguments of learned counsel for the applicant that as per Section 148 (2) of the Negotiable Instruments Act, 1881, at least 60 days’ time should be given to the applicant to deposit Rs. 45,000/-. Section 148 of the N.I. Act is being extracted |
| herein-below:- “148. Power of Appellate Court to order payment pending appeal against conviction. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), 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 per cent of the fine or compensation awarded by the trial Court: Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under section 143A. (2) The amount referred to in sub-section (1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant. (3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal: Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant.” |
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| 7. It appears that the learned court has not gone through the mandate of Section 148 (2) of the Negotiable Instruments Act and granted only 19 days time to deposit the amount which is contrary to Section 148 (2) of the N.I. Act. 8. Accordingly, impugned order dated 03.11.2023 is quashed. The applicant is directed to deposit Rs. 45,000/- with the trial court within 30 days from today. 9. Present C482 application is disposed of. (Rakesh Thapliyal, J.) 05.03.2024 SKS |
1 issue framed by the court
Whether the appellate court could grant only 19 days to deposit 20% of compensation when Section 148(2) NI Act mandates at least 60 days.
2 provisions across 1 enactments
Applicant (C 482 No. 360 of 2024)
State
Rakesh Thapliyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
