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Judgment
K.Natarajan, J
This petition is filed by the petitioners under Section 482 of Cr.P.C. for quashing the order passed by the First Appellate Court passed on I.A.No.2
filed by the petitioner while suspending the sentence under Section 389 of Cr.P.C. and directing to deposit 20% of the fine amount as per Section
148(1) of the Negotiable Instruments Act, 1881 (for short 'N.I. Act').
The learned counsel for the petitioner submits that due to pandemic and other difficulties said to have been suffering by the petitioner, they are
unable to deposit the said amount and it should be reduced to less than 20% of the fine amount.
On perusal of Section 148(1), it mandates the Court that is the Appellate Court shall direct to deposit minimum 20% of the compensation amount
which was passed by the trial Court while convicting the accused persons for the offence punishable under Section 138 of the N.I. Act.
On bare reading of Section 148(1) of N.I. Act, it mandates the Appellate Court to direct to deposit minimum 20% of fine or compensation awarded
by the trial Court and the Court has no power to reduce 20% of the compensation or fine amount etc. Therefore, the case is devoid of merits and not
fit for admitting and staying the order of the First Appellate Court as there is no infirmities in the order. Therefore, the petition is liable to be dismissed.
Accordingly, the criminal petition is dismissed.
However, one month time is granted to the petitioner to deposit the amount ordered by the First Appellate Court from the date of receipt of the
copy of this order.