O R D E R

This Crl.M.C. is filed to set aside Annexure-A1 order for the reason that the mandatory provision of Sec. 148 of the Negotiable Instruments Act (for short 'NI Act') is not followed. The petitioner is the complainant in ST No. 281/2017 on the file of the Judicial First Class Magistrate Court, Kadakkal and the 1^st respondent herein is the accused in that case. The 1^st respondent was convicted and sentenced under Sec. 138 of the Negotiable Instruments Act. He was sentenced to undergo simple imprisonment for one month and to pay a fine of Rs.6,00,000/- to the complainant under Sec 257(3) Cr.P.C. In default of payment of compensation, he is directed to undergo simple imprisonment for a further period of one month. Annexure-A1 is the judgment. Aggrieved by Annexure-A1 judgment, the 1^st respondent filed Annexure-A2 appeal before the Sessions Court, Kollam. The Sessions Court admitted the appeal and suspended the sentence after directing the 1^st respondent to execute a bond for Rs.30,000/- for two solvent sureties for the like sum to the satisfaction of the learned Magistrate. Sec.148 of the Negotiable Instruments Act reads like this :

“Section 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.”

2. A bare perusal of the same would show that the appellate court while suspending the sentence may impose condition to pay a minimum amount of 20% of the fine amount for suspension. A perusal of Annexure-A4 would not show that such a condition is imposed. When the statute prescribed to impose such a condition, without giving any reason, the appellate court cannot exempt the deposit of the amount as mandated in Sec.148 of NI Act.

Therefore, this Crl.M.C. is disposed of with the following direction :

1) In addition to the condition in Annexure-A1 judgment, the 1^st respondent will deposit 20% of the fine amount ordered in Annexure-A1 judgment before the trial court within 60 days from the date of receipt of a certified copy of this order.