Case Title: Amit Kumar (Deceased) through his LR's mother Smt. Sushila Devi v. the State of Haryana and another
The Punjab & Haryana High Court observed that Section 389 of CrPC and Section 148 of the Negotiable Instruments Act are independent of each other. Whereas Section 389 is meant for protecting the personal liberty of the convict, Section 148 is auxiliary or supplemental to the mandate carried in Section 389.
It was observed that non-compliance of a conclusive order made under Section 148 of the Act, would not bring any ill consequence upon the personal liberty of the convict under Section 389 CrPC, nor the errant convict would become amenable, merely because he has been kept under judicial custody. Further, it was observed that the above inference becomes grounded in the trite rubric, that Section 389 of the CrPC, works to facilitate the protection of the liberty of a convict by invoking certain conditions, hence seeking relief qua the execution of the substantive sentence of imprisonment imposed upon him becoming suspended during the pendency of the apposite appeal.
On the contrary, the mandate carried in Section 148 rather is merely workable, as a compensatory/interim pecuniary relief to the complainant, hence during the pendency of the apposite appeal.
It was held that if both the applications are simultaneously filed, then both required to be decided in a just and fair manner, keeping in mind the principle of inter-se proportionality. The disbursement of monies, as deposited, by the convict, in compliance to an order made under Section 389 CrPC shall become regulated by the outcome of the apposite trial, but in the event of composition of the offence, occurring amongst the concerned, the appellate Court may cause lawful releases thereof, to the complainant.
However, the Court also cautioned that, “in case the Appellate Court under Section 389 of CrPC suspends the sentence of imprisonment upon a condition to deposits 20% of the compensation/cheque amount, then in the subsequent application preferred under Section 148 of NI Act, the Appellate Court may, bearing in mind all the relevant facts "inclusive of immense pain being caused to the estate of the convict", direct the convict to deposit another 20% of the compensation amount.”