Full or part amount of fine to deposit for appeal in cheque bounce conviction?

[Anonymous]

The drawer of the cheque is convicted in cheque bounce and is a fine amount of Rs. 2 lakh is imposed along with one month imprisonment. Trial court granted him bail after conviction. For filing appeal against this conviction and fine order, is he required first to deposit the fine amount either in full or in part?

[Dr. Ashok Dhamija]

After conviction in a cheque bounce case under Section 138 of the Negotiable Instruments Act, if the penalty of fine is also imposed, there is no need to deposit the full or a part amount of the fine before filing appeal against such conviction. There is no such provision in law that you have to first deposit the fine imposed on you on such conviction, either in full or in part, before filing the appeal against conviction in cheque bounce case.

While some taxation laws may have such provisions for depositing a part of the fine imposed or the tax due before you file the appeal, there is no similar provision in respect of filing an appeal against conviction in a cheque dishonour case.

As regards the suspension of the sentence of imprisonment, or the issue of grant of bail after conviction, since the imprisonment in your case is only one month, the trial court itself would have granted you bail after suspending your sentence under Section 389 of the Criminal Procedure Code.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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