RAJESH SHARMA Vs. GAGAN FIBRES PVT. LTD.

JUDGEMENT

(1.) The instant petition has been filed by the petitioner under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing the order dtd. 27/7/2022 passed by the learned Additional Sessions Judge, Ludhiana in Criminal Appeal No.126 of 2020 (Rajesh Sharma versus M/s Gagan Fibers Pvt. Ltd.), whereby, the application filed by the complainant/respondent under Sec. 148 of Negotiable Instruments Act, 1881 has been allowed and the petitioner has been directed to pay 20% of the compensation i.e. Rs.3,07,828.00 of Rs.15,39,142.00 on the next date of hearing with a further direction that in case this amount is not paid then bail order shall be cancelled and petitioner shall be taken into custody as the bail granted to him is always subject to the decision of Sec. 148 of the Negotiable Instruments Act, 1881.

(2.) The abovesaid amendment was examined by the Hon'ble Supreme Court in Surinder Singh Deswal @ Col. S.S. Deswal and others v. Virender Gandhi, 2019 (3) RCR (Criminal) 186, and it was observed as under:-

(3.) Amendment Act No.20/2018 amending Sec. 148 of the Negotiable Instruments Act came into force w.e.f. 1/9/2018. Even, at the time when the appellants submitted application/s under Sec. 389 of the Cr.P.C., 1973 to suspend the sentence pending appeals challenging the conviction and sentence, amended Sec. 148 of the Negotiable Instruments Act came into force and was brought on statute w.e.f. 1/9/2018. Therefore, considering the object and purpose of amendment in Sec. 148 of the Negotiable Instruments Act and while suspending the sentence in exercise of powers under Sec. 389 of the Cr.P.C., 1973 when the first appellate court directed the appellants to deposit 2.5% 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 Sec. 148 of the Negotiable Instruments Act. 8.1 Having observed and found that because of the delay tactics of unscrupulous drawers of dishonoured cheques due to easy filing of appeals and obtain stay on proceedings, the object and purpose of the enactment of Sec. 138 of the Negotiable Instruments Act was being frustrated the Parliament has thought it fit to amend Sec. 148 of the Negotiable Instruments Act, by which the first appellate Court, in an appeal challenging eh order of conviction under Sec. 138 of the Negotiable Instruments Act, is conferred with the power to direct the convicted accused - appellant to deposit such sum which shall be a minimum of 20% of the fine or compensation awarded by the trial Court.