CRR-1329-2019

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRR-1329-2019

Date of decision:09.08.2022

Manish Verma

...Petitioner

Versus

Narender Kumar Yadav

&Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. N.K. Malhotra, Advocate for the petitioner.

Mr. Tapan Kumar Yadav, Advocate for the respondnent

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ANOOP CHITKARA, J.

Criminal

Complaint

CIS No.138NI Act/14144/2016

Crl. Case No.3446-RBT

Date of decision:25.03.2019

Criminal

Appeal

CRA No.208/2019

Date of decision:-23.04.2019

Aggrieved by the imposition of a condition of depositing 20 % of the

awarded amount i.e. Rs.5 lacs, while suspending the sentence in an appeal against the

conviction, the convict has come up before this Court against the condition.

2.

Vide impugned judgment, the petitioners were convicted for commission of

offence under Section 138 of Negotiable Instruments Act, 1881 (for short N.I.

Act).Feelingaggrieved, they had challenged the same before the Sessions Court. While

suspending the sentence, vide order dated 23.04.2019, learned Sessions Judge, directed

the appellant in the aforesaid terms.

3.

Section 148 of the N.I. Act was amended and w.e.f. 01.09.2018 Section 148 was

inserted. As per Section 148 of N.I. Act, it is within the powers of the appellate Court to

order payment pending appeal against conviction. As per Section 148(1), the Appellate

Court can do the same on its own without there being any application filed by the

complainant.

4.

In Surinder Singh Deswal v. Virender Gandhi, 2019 LawSuit(SC) 1245, Hon9ble

Supreme Court holds,

[8] It is the case on behalf of the appellants that as the criminal

complaints against the appellants under Section 138 of the N.I.

Act were lodged/filed before the amendment Act No. 20/2018

SONIA ARORA

2022.08.10 20:28

I attest to the accuracy and

integrity of this document

CRR-1329-2019

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by which Section 148 of the N.I. Act came to be amended and

therefore amended Section 148 of the N.I. Act shall not be

made applicable. However, it is required to be noted that at the

time when the appeals against the conviction of the appellants

for the offence under Section 138 of the N.I. Act were

preferred, Amendment Act No. 20/2018 amending Section 148

of the N.I. Act came into force w.e.f. 1.9.2018. Even, at the time

when the appellants submitted application/s under Section 389

of the Cr.P.C. to suspend the sentence pending appeals

challenging the conviction and sentence, amended Section 148

of the N.I. Act came into force and was brought on statute w.e.f.

1.9.2018. Therefore, considering the object and purpose of

amendment in Section 148 of the N.I. Act and while suspending

the sentence in exercise of powers under Section 389 of the

Cr.P.C., when the first appellate court directed the appellants to

deposit 25% of the amount of fine/compensation as imposed

by the learned trial Court, the same can be said to be absolutely

in consonance with the Statement of Objects and Reasons of

amendment in Section 148 of the N.I. Act.

5.

Given above, there is no merit in the petition. However, the interest of justice

would suffice if the appeal pending before the appellate Court is taken on the priority.

This Court requests the learned Appellate Court to decide these appeals on top priority

preferably on or before Oct 31,2022.

6.

It is clarified that the Appellate Court shall decide the appeal notwithstanding

the non-deposit of the instruments described above, and no coercive steps are taken

against the convict until the time mentioned above period. The convict/appellant is

directed not to seek any adjournment; however, if the appellant seeks any

adjournment, then this order shall be recalled automatically under section 362 read

with 482 CrPC, without any further reference to this court. If the counsel for the

appellant is abs