23/04/2024 By way of filing the present criminal misc. petition, the petitioner has prayed for following reliefs-:

• “It is, therefore, most humbly and respectfully prayed that this Criminal Misc. Petition may kindly be accepted and allowed and the impugned order dated 03.08.2021 (Annex.2) qua the imposition of condition to pay 20% of total compensation amount passed by Additional District & Sessions Judge No.4, Bikaner in Criminal Appeal No.113/2021 may kindly be deleted.”

• Learned counsel for the petitioner submitted that Appellate Court was not justified in requiring the petitioner to deposit 20% of the fine amount i.e. Rs.45,800/- vide impugned order dated 03.08.2021. Learned counsel further submitted that sub-section (2 of 4) (1) of Section 143A of the NI, Act uses the word “may” and therefore the appellate court ought not to have passed an order to pay interim compensation mechanically. Learned counsel vehemently submitted that the impugned order whereby the petitioner has been directed to pay 20% of the cheque amount as compensation during the pendency of an appeal against the conviction under Section 138 of the NI, Act deserves to be set- aside.

• Per Contra, learned