The Appellate Court's imposition of a 20% fine deposit pending appeal is upheld, as the accused failed to substantiate claims of financial hardship under the Negotiable Instruments Act.

Order :

1. The petitioner has filed the present criminal miscellaneous petition with a prayer to set aside the condition of deposit of 20% of the fine amount imposed by the Appellate Court vide order dated 01.10.2024.

2. Learned counsel for the petitioner submits that the petitioner is not in a financial position to deposit the 20% of the amount as directed by the Appellate Court while passing order of suspension of sentence. He also submits that the accused-petitioner is suffering from a paralytic problem.

3. Considered the submissions made by learned counsel for the accused-petitioner.

4. The petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short the ‘N.I. Act’) and has been sentenced to undergo two years simple imprisonment and a fine of Rs.21,75,000/- and in default of payment of fine, he was to further undergo additional two months simple imprisonment.

5. Against the order of conviction and sentence, the accused- petitioner preferred a Criminal Appeal No.128/2024 before the Sessions Judge, Sikar.

6. Along with the appeal, the petitioner also moved an application for suspension of sentence. The Appellate Court vide its order dated 01.10.2024, allowed the application for suspension of sentence and apart from other conditions also imposed the condition of deposit of 20% of the fine amount within a period of sixty days.

7. Section 148 of the N.I. Act provides that a power of Appellate Court to order payment pending appeal against the conviction.

8. Section 148 of the N.I. Act reads as under:- “(1) 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:

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.”

9. The trial Court has imposed the condition of deposit of 20% of the fine amount in view of the provisions contained under sub-section (1) of the Section 148.

10. The accused-petitioner has failed to submit any document with regard to financial condition of such that he cannot deposit the amount of 20% of fine as directed by the Appellate Court.

11. In alternative prayer made by learned counsel for the accused-petitioner that the amount which was deposited during the trial was paid to the complainant before the trial commenced may be adjusted against the 20% of the fine amount as ordered by the Appellate Court.

12 The proviso below to sub-section (1) of Section 148 of the N.I. Act clearly states that the 20% of the amount as to be paid under Sub-section (1) shall be in addition to not amount paid during trial or before the commencement of the trial.

13. In view of the aforesaid discussion, this Court finds no ground to interfere in the matter.

14. Accordingly, the criminal miscellaneous petition is dismissed.