IMPORTANT POINT
The amended Section 148 of the Negotiable Instruments Act requires the appellate court to order a minimum deposit of 20% of the fine during an appeal against conviction under Section 138, ensuring compliance with statutory provisions to prevent injustice.

JUDGMENT :

Hon'ble Shamim Ahmed, J.

1. Heard Sri Ashutosh, learned counsel for the applicant, Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record.

2. In view of the order proposed to be passed, notice to opposite party No.2 is hereby dispensed with as purely legal question is involved in this case, however, learned A.G.A-I for the State has accepted notice on behalf of State-opposite party No.1.

3. The instant application under Section 482 Cr.P.C. has been filed on behalf of the applicant seeking direction to be to the trial court to accept 20% amount in Criminal Appeal No.82 of 2024 relating to Complaint Case No.2212/2017 under Section 138 of Negotiable Instruments Act, 1881, Police Station-Gomti Nagar, District-Lucknow.

4. Learned Counsel for the petitioner submits that initially, the present opp. party no. 2 filed a complaint U/S 138 of Negotiable Instruments Act, 1881 against the applicant in the Court of learned Presiding Officer Special Court, NI Act, Lucknow on 02.05.2017 with allegations that the opposite party No.2 and applicant came in contact and the applicant promised him to sell a plot ad measuring 2000 square feet, Village Amrai Indira Nagar, Lucknow. Thereafter, when the opposite party No.2 showed interest in purchasing the aforesaid plot then the applicant demanded some cash in advance. He further submits that in pursuance of the aforesaid, the opposite party No.2 paid an amount of Rs.3,50,000/-(Rupees Three Lakhs Fifty Thousand Only) in cash and rest of the amount of Rs.4,50,000/-(Rupees Four Lakhs Fifty Thousand Only) was paid in installment through cheques bearing No.076300 dated 21.01.2014 amounting Rs.50,000/-(Rupees Fifty Thousand Only), bearing No.076304 dated 06.05.2014 amounting to Rs.50,000/-(Rupees Fifty Thousand Only), bearing No.076305 dated 06.05.2014 amounting to Rs.50,000/-(Rupees Fifty Thousand Only), bearing No.288262 dated 10.09.2014 amounting to Rs.1,00,000/-(Rupees One Lakh Only), bearing No.76309 dated 05.12.2014 amounting to Rs.50,000/-(Rupees Fifty Thousand Only), bearing No.147992 dated 16.09.2014 amounting to Rs.1,00,000/-(Rupees One Lakh Only), bearing No.76310 dated 14.05.2015 amounting to Rs.50,000/-(Rupees Fifty Thousand Only) but after payment of aforesaid amount, the applicant did not turn up for executing the sale deed of the aforesaid plot rather denied to execute the sale deed in favour of the opposite party No.2. He further submits that when the opposite party No.2 demanded his money back from the applicant initially he did not pay him back the amount which was received through the aforesaid cheques and the amount which was given to him in cash, thereafter, the opposite party No.2 made all endeavors to get his money then the applicant issued two cheques bearing No.15434 and 15435 drawn on Allahabad Bank, Branch Takrohi, District-Lucknow dated 10.03.2017 and 15.03.2017 amounting to Rs. 2,00,000/-(Rupees Two Lakhs Only) each, thereafter the same were presented for clearing by the opposite party No.2 on 10.03.2017 and 16.03.2017 then the same were dishonoured by Banker of opposite party No.2 on the ground of insufficient fund. It was also alleged that despite giving notice on 30.03.2017, the accused/applicant failed to make payment of due amount, thereafter, the opposite party No.2 filed the complaint U/S 138 of Negotiable Instruments Act.

5. Learned Counsel for the applicant further submitted that the applicant contested the matter before the Trial Court, wherein he got convicted and was ordered to pay Rs.6,75,000/-alongwith simple imprisonment for three months. In case of default of payment of fine, he was ordered to further undergo simple imprisonment for two months. The applicant preferred an appeal under Section 374 Cr.P.C. before the learned Special Judge, C.B.I.-6, Lucknow, which was admitted vide order dated 27.03.2024 and the applicant was released on bail subject to the deposition of 50% of the fine imposed by the learned trial court.

6. Learned Couns