Section 148 NI Act: If accused fails to deposit 20% amount, his appeal may not be entertained

Delhi High Court has modified the  if pre-deposit of 20% fine amount is not made by accused within six weeks from today, then his appeal be not entertained.

bench of Justice Gaur has passed the Order in the case titled as BIRENDRA SHUKLA vs STATE on 28.05.2019.

High Court was dealing with a case where an accused was convicted for the cheque bounce and when he filed an appeal, he was directed to deposit 20% of the fine amount. Impugned order of 26th April, 2019 rejects petitioner’s application for waiver of the condition of deposit of 20% of the total fine amount imposed vide order 31st January, 2019. The Appellate Court in the impugned order has taken note of Section 148 of the Negotiable Instruments Act, 1881 and has referred to the decision of High Court of Bombay in Ajay Vinodchandra Shah vs. The State of Maharashtra and Another 2019 SCC OnLine Bom 436 and the decision of High court Punjab & Haryana in Nitin Shashwat and Another vs. M/s Ajanta Timbers and Another (Crl M. 22839/2018 decided on 13th February, 2019). In the impugned order, the Appellate Court has distinguished the decision of High Court of Bombay in Ajay Vinodchandra Shah (Supra), as the said decision relates to an order passed under Cr.P.C. prior to coming into force of the Negotiable Instruments (Amendment) Act, 2018.

High Court of Delhi observed and held “In the facts and circumstances of this case, I find that the direction issued by the Appellate Court to make pre-deposit of 20% of fine amount is justified. However, the consequence of non-deposit of fine, entailing cancellation of petitioner’s bail is onerous one. Instead thereof, it is directed that if pre- deposit of 20% fine amount is not made by petitioner within six weeks from today, then petitioner’s appeal be not entertained. Finding the impugned order to be otherwise well reasoned, this petition and applications are dismissed with cost of ₹25000/- to be paid by petitioner to respondent at the time of hearing of the appeal, if the pre-deposit is made by petitioner within the above stipulated time”.