Punjab-Haryana High Court
Sukhwinder Kaur vs State Of Punjab And Another on 6 May, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:062712
CRM-M-15251-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-15251-2024
Date of Decision: 06.05.2024
Sukhwinder Kaur ...Pe oner
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Ms. Bhupinder K. Bhangu, Advocate
for the pe oner.
Mr. Sukhdev Singh, A.A.G., Punjab.
****
ANOOP CHITKARA, J.
Criminal NACT/602/2018 decided on: 05.10.2023
Complaint
Criminal CRA No.253 of 2023 tled "Sukhwinder Kaur vs Balbir Kaur etc."
Appeal pending before the court of Addl. Sessions Judge, Kapurthala
1. Aggrieved by the imposi on of a condi on of deposi ng 20% of
compensa on amount i.e. Rs.1,50,000/- while suspending the sentence in an appeal
against the convic on within 60 days vide order dated 31.10.2023, the convict has come
up before this Court under Sec on 482 CrPC.
2. Pe oner was convicted and sentenced for commission of offence under
Sec on 138 of Nego able Instruments Act, 1881 (for short N.I. Act) vide judgment dated
05.10.2023. Feeling aggrieved, she had challenged the same before the Sessions Court.
While suspending the sentence, vide order dated 31.10.2023, learned District and
Sessions Judge, directed the appellant to deposit 20% of the compensa on amount
within 60 days in the aforesaid terms.
3. Sec on 148 of the N.I. Act was amended and w.e.f. 01.09.2018 Sec on
148 was inserted. As per Sec on 148 of N.I. Act, it is within the powers of the appellate
Court to order payment of compensa on or cheque amount during the pendency of
appeal against convic on. As per Sec on 148(1), the Appellate Court can do the same on
its own without there being any applica on filed by the complainant.
4. In Surinder Singh Deswal v. Virender Gandhi, 2020:INSC:21 [Para 11] 2019
LawSuit(SC) 1245, Hon'ble Supreme Court holds,
[8] It is the case on behalf of the appellants that as the criminal
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Neutral Citation No:=2024:PHHC:062712
CRM-M-15251-2024
complaints against the appellants under Sec on 138 of the N.I.
Act were lodged/filed before the amendment Act No. 20/2018
by which Sec on 148 of the N.I. Act came to be amended and
therefore amended Sec on 148 of the N.I. Act shall not be made
applicable. However, it is required to be noted that at the me
when the appeals against the convic on of the appellants for
the offence under Sec on 138 of the N.I. Act were preferred,
Amendment Act No. 20/2018 amending Sec on 148 of the N.I.
Act came into force w.e.f. 1.9.2018. Even, at the me when the
appellants submiIed applica on/s under Sec on 389 of the
Cr.P.C. to suspend the sentence pending appeals challenging the
convic on and sentence, amended Sec on 148 of the N.I. 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 on 148 of the N.I. Act and while suspending the sentence in
exercise of powers under Sec on 389 of the Cr.P.C., when the
first appellate court directed the appellants to deposit 25% of
the amount of fine/compensa on 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 on 148 of the N.I. Act.
5. Given above, there is no merit in the pe on. However, the interest of
jus ce would suffice if the appeal pending before the appellate Court is taken on the
priority. This Court requests the learned Appellate Court to decide the appeal by
31.07.2024.
6. It is clarified that the Appellate Court shall decide the appeal
notwithstanding the non-deposit of the instruments described above, and no coercive
steps be taken against the convict un l the me period men oned above. The
convict/appellant is directed not to seek any adjournment; however, if the appellant
seeks any adjournment, then this order shall be recalled automa cally under sec on 362
read with 482 CrPC, without any further reference to this court. If the counsel for the
appellant is absent or seeks adjournment, then it shall also be open for the Appellate
Court to appoint a legal aid counsel for the convict and to hear the appeal on merits.
Par es to inform the concerned court. Till then, the Appellate Court shall not insist on
deposit of compensa on amount.
7. The pe on is disposed of with the aforesaid observa ons. All pending
applica ons, if any, stand disposed of.
(ANOOP CHITKARA)
JUDGE
06.05.2024
Jyo Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
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