Page No.# 1/4 GAHC010083652025 2025:GAU-AS:5303 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./471/2025 BILKIST TAHMINA SULTANA W/O MD. SHAH ALOM R/O VILL AND P.O. KALAHBANGA MOUZA- D.C. BAUSHI P.S. BARPETA ROAD, DIST. BARPETA, ASSAM VERSUS RITAM SAHA AND ANR S/O LATE SUANTA SAHA R/O BARPETA ROAD, TOWN, WARD NO. 4, P.O. KALHBHANGA P.S. BARPETA ROAD, DIST. BARPETA, ASSAM PIN-781315 2:THE STATE OF ASSAM REP BY PP ASSA Advocate for the Petitioner : MR. A R SIKDAR, MS M SARMA,MR. S I TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 28.04.2025 Page No.# 2/4 Heard Mr. A.R. Sikdar, learned counsel for the petitioner and Mr. B. Sarma, learned APP for the respondent no.2. 2. The petitioner is an accused in a complaint case filed under section 138 of the NI Act which was registered as NI Case No. 35/2020. The learned Additional Chief Judicial Magistrate, Barpeta by judgment and sentence dated 13.02.2025, convicted the petitioner for offence under section 138 of the NI Act, and the petitioner was sentenced to undergo simple imprisonment for one year and to also pay compensation of Rs.12.00 lakh to the complainant, who is respondent no.1 herein. 3. Aggrieved by the said judgment and sentence, the petitioner had preferred an appeal which was registered as Criminal Appeal No. 17 of 2025 and made over to the court of learned Additional Session Judge, Barpeta. The learned Additional Session Judge, Barpeta by an order dated 13.03.2025 passed in Criminal Appeal No. 17 of 2025, admitted the appeal for hearing and in light of section 148 of the NI Act, the petitioner was directed deposit an amount of 20% of the fine awarded by the learned trial Court within a period of 60 days from the date of the order. 4. That part of the order dated 13.03.2025 by which the petitioner was directed to deposit an amount of 20% of the fine is assailed by filing this criminal petition under section 528 of the BNSS, 2023. 5. The learned counsel for the petitioner has submitted that the case of the petitioner is that he had purchased some quantity of rice from the respondent No.1 which according to him is valued at Rs.2,000/-. However, the Page No.# 3/4 petitioner handed over two blank signed cheque to the respondent no.1, which has been misutilized. Accordingly, it is submitted that that part of the order dated 13.03.2025, passed by the learned Appellate Court, directing the deposit of 20% of the fine, be stayed. 6. The prayer made in this petition is opposed by the learned APP on the ground that compliance of the provision of section 148 of the NI Act is a statutory requirement which cannot be waived in absence of any such provision. 7. Considered the submissions made by the learned counsel for the petitioner as well as the objection by the learned APP. 8. The provision of section 148 of the NI Act, 1881 is quoted below: “148. Power of Appellate Court to order payment pending appeal against conviction- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent. of the fine or compensation awarded by the trial Court: Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under section 143A. (2) The amount referred to in sub-section (1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant. (3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal: Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within Page No.# 4/4 such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant.” 9. From the above it does not appear to the Court that the requirement of a deposit under section 148 of the NI Act is optional and there is nothing in the said provision which entitles the Court to suspend compliance of section 148 of the NI Act. 10. Though it is projected by the petitioner that filing of an appeal is a matter of right, for which there is no dispute. However, as the requirement of making a deposit under section 148 of the NI Act, 1881 is the requirement of law, the Court does not find any merit in the challenge. Accordingly, there is no merit in this criminal petition. Hence, this petition stands dismissed at the motion stage without issuance of notice on the respondents. 11. Let a copy of this order be transmitted to the court of learned Additional Sessions Judge, Barpeta to make it a record of Criminal Appeal No. 17 of 2025. JUDGE Comparing Assistant