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PANKAJ PUROHIT
Ashok Kumar – Appellant
Versus
Attar Singh – Respondent
JUDGMENT (ORAL)
Pankaj Purohit, J.—Heard learned counsel for the parties.
2. By means of this C528 application, applicant has challenged the order dated 13.08.2024 passed by learned 2nd Additional Sessions Judge, Dehradun in Criminal Appeal No. 41 of 2024, Ashok Kumar Vs. State of Uttarakhand and Others, whereby the application filed by the applicant i.e. for exempting him for depositing 20% of the amount of compensation was rejected vide order dated 14.02.2024.
3. Applicant was convicted under Section 138 of the N.I. Act vide the judgment and order dated 19.01.2024 passed by learned Additional CJM Dehradun in Complaint Case No. 2107 of 2019, Attar Singh vs. Ashok Kumar and sentenced to undergo six months’ simple imprisonment with fine of Rs.10,90,000/- , with default stipulation of one month additional simple imprisonment. Thereafter, applicant preferred a Criminal Appeal No.41 of 2024, Ashok Kumar vs. Attar Singh & others, wherein while admitting the appeal vide order dated 14.02.2024, he was directed to deposit 20% of the compensation i.e. Rs.2,18,000/- within ten days. The said amount was not deposited. On application moved by applicant on 20.04.2024, he was given 30 days more t
(1) N.I. Act is a Special Act and in view of Special Act, provisions of Cr.P.C. will be subject to Section 148 N.I. Act.(2) Dishonour of cheque – Requirement to deposit 20% of amount of compensation ....
(1) N.I. Act is a Special Act and in view of Special Act, provisions of Cr.P.C. will be subject to Section 148 N.I. Act.(2) Dishonour of cheque – Requirement to deposit 20% of amount of compensation ....
Dishonour of cheque – Suspension of sentence – Imposition of condition by first appellate court to deposit 20% of compensation amount awarded is valid.
The main legal point established in the judgment is that the appellate Court cannot pass an order directing the appellant-accused to deposit any sum less than twenty percent of the fine or compensati....
The appellate court has discretion under Section 148 of the NI Act to impose a deposit condition, which is not mandatory and must be justified based on case specifics.
The court established that appellate courts generally must provide reasons for imposing pre-deposit conditions unless justified by exceptional circumstances, reflecting the need to prevent unjust del....
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