RAMESH CHANDER YADAV Vs. ENGLESH SINGH

JUDGEMENT

(1.) Aggrieved by the condition of depositing 20% of the compensation amount while suspending the sentence in an appeal against the conviction, the convict has come up before this Court against the condition.

(2.) Vide judgment dtd. 28/3/2019, the petitioners were convicted for commission of offence under Sec. 138 of Negotiable Instruments Act, 1881 (for short N.I. Act). Feeling aggrieved, they had challenged the same before the Sessions Court. While suspending the sentence, vide order dtd. 19/4/2019 (P-3), learned Additional Sessions Judge, directed the appellant to deposit 20% of the compensation amount within two months.

(3.) Sec. 148 of the N.I. Act was amended and w.e.f. 1/9/2018 Sec. 148 was inserted. As per Sec. 148 of N.I. Act, it is within the powers of the appellate Court to order payment pending appeal against conviction. As per Sec. 148(1), the Appellate Court can do the same on its own without there being any application filed by the complainant.