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V. R. K. KRUPA SAGAR
Chittajallu Padma @ Padmavathi – Appellant
Versus
Nukala Ram Kumar – Respondent
ORDER :
V.R.K. Krupa Sagar, J.
This Criminal Revision Case filed under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.) impugns the order dated 15.07.2024 of learned Sessions Judge, Krishna Division, Machilipatnam in Crl.M.P.No.330 of 2024 in Crl.A.No.54 of 2024.
2. Heard the learned counsel for revision petitioner and the learned Assistant Public Prosecutor for respondent No.2-State. Notice was served on respondent No.1/complainant but none entered appearance.
3. On a complaint lodged by respondent No.1 herein alleging the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the N.I. Act’) said to have been committed by the present revision petitioner, learned Special Judicial Magistrate of First Class for trying Prohibition and Excise Offences, Machilipatnam tried the case in C.C.No.262 of 2020 and finally by judgment dated 19.06.2024 found the accused guilty and convicted and sentenced her in the following terms :
The imposition of a 20% deposit under Section 148 of the N.I. Act is customary but not obligatory; exceptions can be made if justified.
The main legal point established in the judgment is that the appellate court may order the appellant to deposit a minimum of 20% of the fine or compensation awarded by the trial court, as per the pro....
Appellate courts must exercise discretion in imposing conditions for suspension of sentence, taking into account the specific circumstances of the case, especially regarding a defendant's financial a....
The appellate court has the discretion to waive the 20% deposit requirement under Section 148 of the NI Act if justified by exceptional circumstances.
A speaking order is necessary for imposing the condition to deposit 20% of the compensation for suspending the sentence, as per the principle laid down by the Apex Court in Jamboo Bhandari v. M.P. St....
The condition to deposit 20% of the compensation amount under the Negotiable Instruments Act should consider the individual circumstances of the accused, allowing for exceptions to avoid unjust hards....
The appellate court must evaluate if a case is exceptional to waive the mandatory 20% deposit under Section 148 of the Negotiable Instruments Act.
Appellate courts must specify reasons when imposing deposit conditions under Section 148 of the Negotiable Instruments Act, especially when considering exceptional circumstances for suspension of sen....
The appellate court has discretion under Section 148 of the NI Act to impose a deposit condition, but must consider exceptions and provide reasons when waiving such conditions.
The Appellate Court must consider exceptional circumstances when imposing a deposit requirement under Section 148 of the Negotiable Instruments Act, requiring specific reasons for its decision.
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