JUDGMENT

Anil Kshetarpal, J. - Courts are required to rediscover itself when they face unprecedented challenges particularly in absence of clear statutory mandate. These cases also throw such challenge. Let me take an attempt to do justice.

2. By this order, CRM-M-29187 and CRM-M-29188 of 2019 shall stand disposed of. Counsel for the parties are also agreed that the issues involved for decision are common in both the petitions.

3. Following questions needs determination:-

(1) "Whether a convict under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the NI Act') while in appeal against the conviction is entitled to pray for adjustment of the amount already recovered under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act') towards directions of the appellate court to deposit certain percentage of the compensation or fine under Section 148 of the NI Act or not particularly when it is not disputed that amount involved proceedings under the SARFAESI Act and the NI Act 1881 are arising out of same transaction?

(2) Whether on non-deposit of the amount as directe