Court No. - 33
Case :- APPLICATION U/S 482 No. - 38299 of 2018 Applicant :- Rais Ahmad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shahid Ali Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
The instant application has been filed for quashing the order dated 4.10.2018 passed in criminal appeal no. 61 of 2018 to the extent it imposes condition of deposit of Rs. 2 lacs as a pre-requisite for release on bail pending appeal against the order of conviction dated 22.9.2018 under Section 138 of the Negotiable Instrument Act.
Learned counsel for the applicant has submitted that by way of amendment in Section 148 of the Negotiable Instrument Act, which has come into effect from 2.8.2018, the minimum amount that is required to be deposited by an appellant is 20% of the amount of compensation awarded by the trial court and, therefore, it would not be justified that an amount higher than 20% of the compensation be deposited as a pre-requisite for release on bail. It has been contended that the cheque amount was Rs. 2 lacs though the trial court imposed fine of Rs. 2,80,000/- and awarded compensation of Rs. 2,60,000/-. It has been stated that under the circumstances 20% of the compensation as well as fine amount would have been less than Rs. 2 lacs which has been directed to be deposited.
The aforesaid contention of the learned counsel for the applicant is not acceptable, because the amendment has not taken away the discretion of the appellate court as regards the amount which the court may consider appropriate in the facts of the case, to be deposited as a condition for release on bail post conviction. Amended Section of the Negotiable Instrument Act has rather made it onerous for the appellant by providing that the appellate court may require that at least 20% of the compensation or fine awarded shall be deposited by the appellant within a specified period.
As, in the instant case, the cheque amount was Rs. 2 lacs and the cheque was issued on 5.8.2013, the requirement to deposit the alleged amount by the appellant in an appeal against the order of conviction, after five years from the date of issuance of cheque, cannot be said to be arbitrary. Therefore, no interference is called for in exercise of power under Section 482 of the Cr.P.C.
This application is, accordingly, rejected.
Order Date :- 27.10.2018 A. Pt. Singh