Appeals against conviction u/s 374 of CrPC
1 In an appeal against conviction, even non signatories to cheque can be directed to deposit compensation stipulated u/s 148 of N.I. Act, 1881.
2 The order of depositing 20% of the sentence of fine, should not be passed mechanically. A reasoned order should be passed in this behalf. Court has even discretion to exempt convict in this behalf.
3 The Appellate Court are obligated to order the convict to deposit minimum of 20% of the amount of fine, which may even extend to 100%.
4 The Appellate Court may exempt the convict, if an exceptional case is made out which warrants grant of suspension of sentence without imposing the condition of deposit of 20% of the fine.
5 When issue of Limitation is raised for the first time in Appeal against conviction, the Appellate Court may remand back the matter to Trial Court to enable the complainant in this behalf.
6 The failure of convict to deposit the amount of fine, as may have been directed by the Appellate Court, will not result in vacating of order of suspension of sentence u/s 389 of the Code.
7 The applicability of Section 148 of the N.I. Act will extend to all pending Appeals that are filed prior to the amendment in the year 2018.
8 The order passed u/s 148 of N.I. Act, 1881, cannot be challenged under Revisional Jurisdiction of High Court; however may be challenged u/s 482 of the Code before High Court.
9 The order of conviction cannot be challenged u/s 482 of the Code; and the convict has to prefer an Appeal u/s 374(2) of the Code before Sessions Court.
10 Additional evidence may be led at the Appellate stage u/s 391 of CrPC.