ASHOK PANCHBHAI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Heard.

(2.) The present petition is against the order dated 14.12.2018 wherein the appellate Court in an appeal filed against the conviction made under Section 138(a) in The Negotiable Instruments Act, 1881 (hereinafter referred to as the Act, 1881) has directed to deposit 50% of the fine amount apart from the surety.

(3.) Learned counsel for the petitioner submits that the direction to deposit 50% of the fine amount by the appellate Court is too stringent, which may be reduced as the petitioner cannot deposit the amount and it has taken away his valuable right of Appeal. It is stated that may be reduced to 20% as statutorily required. He further submits that the amendment in Section 148 in the Negotiable Instruments (Amendment) Act, 2018 would not apply in the given facts as the case was already pending earlier to the amendment of the Act as the Act came into force much later and further the provisions of CRPC also provides that the appellate Court may in its discretion pass certain suitable orders in the given facts of a case therefore, direction to deposit 50% of compensation is wrong. It is stated that in absence of deposit the amount, the appeal is not heard, whereby the right of the petitioner has been taken away.