WIDE INTERPRETATION TO SECTION 148 NI ACT 1882
SC
in its recent judgment held that it is mandatory to deposit fine/compensation
as contemplated under newly inserted section 148 Negotiable Instrument Act 1882
as amended upto date and applies irrespective to criminal proceedings already
initiated.
Apex
Court in its recent ruling “Surinder Singh Deswal @ Col. S.S.Deswal and
others verses Virender Gandhi” Criminal
Appeal No 917944 of 2019(Arising out of SLP(Criminal) Nos. 4948-4975/2019 dated
29/05/2019 held that Section
148 of the N.I. Act, shall be applicable with respect to criminal proceedings
already initiated prior to the amendment in Section 148 of the N.I. Act whereby
appellants have been directed by the First Appellate Court to deposit 25% of
the amount of the compensation/fine imposed by the learned trial court.
The question involved in the case that whether
the first appellate court was justified in directing the appellants who have been convicted for the offence under
Section 138 of the N.I. Act to deposit 25% of the amount of compensation/fine
imposed by the learned trial Court,
pending appeals challenging
the order of conviction and
sentence and while
suspending the sentence under Section 389 of the Cr.P.C.,
in the light of Section 148 of the N.I. Act as amended?
Section
148 of NI Act reads as under:-
‘‘148.
Power to 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 14 exceeding thirty days as may be directed by the Court on
sufficient cause being
shown by the complainant.’’
The
object of the said amendment as laid down by the legislature which reads as
under:-
:
“ Because of delay tactics of unscrupulous drawers of dishonoured cheques due
to easy
filing of appeals
and obtaining stay
on proceedings. As a result of this, injustice is caused to the payee of
a dishonoured cheque who has to spend
considerable time and
resources in court proceedings to
realize the value
of the cheque. Such delays
compromise the sanctity
of cheque transactions.
2. It is proposed to amend the said Act with a
view to address the
issue of undue
delay in final resolution of
cheque dishonour cases
so as to provide
relief to payees
of dishonoured cheques and
to discourage frivolous
and unnecessary litigation which
would save time and money. The proposed
amendments will strengthen
the credibility of cheques and help trade and commerce in general
by allowing lending
institutions, including banks, to continue to extend financing to the
productive sectors of the economy.
3. It
is, therefore, proposed
to introduce the Negotiable Instruments (Amendment) Bill,
2017 to provide, inter alia, for the following, namely:—
(ii) to insert a new section 148 in the said
Act so as to provide that 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.
Apex
Court after hearing the parties and referring to the object of the New
Amendment in the NI Act came to the conclusion that it is true that in amended Section 148 of the
N.I. Act, the word used is “may”, it is generally to be construed as a “rule”
or “shall” and not to direct to deposit by the appellate court is an exception
for which special reasons are to be
given. Therefore amended
Section 148 of
the N.I. Act confers
power upon the
Appellate Court to
pass an order 18 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
the Cr.P.C. to
suspend the sentence.
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