- (1.) A new Section 148 has been inserted under the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act") vide amendment of 2018 with effect from 1.9.2018, which reads as under: "148. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent, of the fine or compensation awarded by the trial Court: Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under section 143A. (2) The amount referred to in sub-section (1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant. (3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal: Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant."
(2.) Learned counsel for the petitioner submits that while filing an appeal, due to COVID period, the petitioner could not deposit the 20% of the amount. The appellate Court allowed his application to the extent of extension of 15 days time only vide order dated 14.8.2020 whereas extension under Section 148 of the Act would be for a period of one month i.e. 30 days. Learned counsel also submits that further extension be granted to the petitioner for depositing the amount and for suspension of sentence.
(3.) I have considered the submissions as above and find that the appellate Court vide its order dated 14.8.2020 granted 15 days time for depositing the 20% of the compensation amount as envisaged under Section 148 of the Act. However, the petitioner moved the present petition seeking further extension of time.;