NEGOTIABLE INSTRUMENTS ACT, 1881,

Sections 143A & 148, Section 421, Article 21

Power to direct interim compensation - Order of conviction for dishonour of cheque - Direction to deposit compensation amount - Whether condition of cancellation of bail or cancellation of suspension of sentence in event of non-payment justified

Petitioner-accused issued cheques of different amounts to the complainant but the same were bounced. After conviction, the accused filed appeals against the orders. The Appellate Court directed the accused to deposit 25 per cent of the amount of compensation as a condition precedent to maintain the order of the bail or to entertain the appeal preferred by the petitioner; and if it was not deposited, the order of suspension of sentence was to be automatically vacated. The accused filed writ petition on the ground that due to imposition of such condition, his right to appeal and bail was taken away and it was ultra vires the Article 21 of the Constitution of India. Held: The provision of section 148 was in consonance with the power vested with the Appellate Court which could impose some conditions at the time of granting bail or at the time of admission of appeal. However, the petitioner's right to appeal and his liberty could not be taken away but to be protected by applying the principle of reasonability while imposing conditions. Therefore, the order imposing a condition that the accused to deposit 25% amount out of total compensation, was modified that the accused was directed to deposit 20% of the total amount of the compensation and the orders of putting conditions of cancellation of bail or suspension of sentence in the event of non-payment were set aside.

Relied:Anil Kumar Goel v. Kishan Chand Kaura [2007] 13 SCC 492, Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd. [2007] 6 SCC 528 and Punjab Tin Supply Co. v. Central Govt. [1984] 1 SCC 206

REFERRED :

FAVOUR : Partly allowed

A.Y. :

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