Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA No. 115/2025, IA No. 02/2025
Kusum Dhadwal Vs. State
30.10.2025
Present: Sh. Bhairav Dass, Ld. counsel for applicant/respondent
no. 2.
1. Ld. Counsel for the respondent has submitted that he has
moved an application under Section 148 (3) of the N I Act for release of
20% of the compensation/fine amount to the respondent no. 2. He has
further submitted that appellant was convicted under Section 138 N I Act
vide judgment dated 26.03.2025 and consequent order on sentence dated
07.07.2025 was passed by Ld. Trial Court against him; that during the
pendency of this appeal, this court while suspending the execution of the
order on sentence, directed the appellant vide order dated 04.08.2025 to
deposit 20% of the compensation/fine amount before the Ld. Trial Court;
however, appellant preferred an application seeking waiver of deposition of
the said fine/compensation amount but the same was dismissed by this
Hon’ble Court on 06.10.2025 and the appellant/convict was directed to
doposit the fine/compensation amount before the Ld. Trial Court; that
thereafter, the appellant has deposited the 20% amount of the
fine/compensation amount before the Ld. Trial Court.
2. It is further submitted by Ld. Counsel for
applicant/respondent no. 2 that the appellant/her Counsel is deliberately and
intentionally not appearing before the Court despite service of the
application to the appellant/convict through her Counsel and despite
Whatsapp communication is this regard. He has filed an affidavit of proof
of service on record.
3. Be awaited for the appellant/her Counsels.
(SURABHI SHARMA VATS)
ASJ-04/Shahdara/KKD Courts,
Delhi/30.10.2025
-- 1 of 3 --
-2-
AT 02:45 pm
Present: Sh. Bhairav Dass, Ld. counsel for applicant/respondent
no. 2.
Sh. Varchaswa, Ld. Counsel for appellant/non-applicant
(through VC).
1. Ld. Counsel for applicant/respondent no.2 has argued that
trail of the matter has taken almost a decade to bear the fruit of conviction
of the accused/appellant and till date appellant/convict has not paid any
amount to the respondent no. 2 in pursuance of the order of
conviction/sentence passed by the Ld. Trial Court; that the
applicant/respondent no. 2 is facing financial need, therefore, it is requested
that the 20% of the compensation/fine amount deposited by the
appellant/convict before the Ld. Trial Court be released to respondent no.
2/applicant.
2. Submissions heard. Record perused.
3. At this stage, this Court deems it fit to quote Section 148 (3)
of Negotiable Instruments Act, 1881 for ready reference:
“Power of Appellate Court to order payment pending appeal
against conviction.
…..
(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 such further period not exceeding thirty days
as may be directed by the Court on sufficient cause being
shown by the complainant.”
-- 2 of 3 --
4. Considering the submissions advanced by the Ld. Counsel for
respondent no. 2/applicant, object of Section 148 of Negotiable Instruments
Act, 1881 and considering that substantial time has elapsed since filing of
the complaint under Section 138 of the Negotiable Instruments Act, 1881,
this Court is of the considered view that it would be just, proper, and in the
interest of justice to allow the present application. Accordingly, the
application under Section 148(3) of the Negotiable Instruments Act, 1881,
filed by the respondent no. 2 is hereby, allowed. The amount deposited by
the appellant/convict before the Ld. Trial Court, if any, be released to
respondent no. 2/complainant in accordance with law.
5. Put up the file for arguments on the present appeal on the date
already fixed i.e. 05.12.2025.
Copy of order be given dasti to the parties.
(SURABHI SHARMA VATS)
ASJ-04/Shahdara/KKD Courts,
Delhi/30.10.2025
-- 3 of 3 --