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R. T. VACHHANI
Mahadev Enterprise Thro Pruthvi Sanjaybhai Solanki – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT (ORAL)
Rule. Respondents waives service. Considering the issue involved in the matter, the present revision application is taken up for hearing, with the consent of learned Advocates appearing for the respective parties.
In the morning session, after arguing the matter at length, the learned advocate for the petitioner sought permission to have the sense of the petitioner to enable him to deposit a reasonable amount against the amount awarded by the learned first appellate court, which comes to 20% of the cheque amount. Therefore, at the request of the learned advocate for the petitioner, the matter has been kept in the second session.
2. Though the learned advocate for the petitioner has submitted to permit the petitioner to deposit 15% of the cheque amount, subject to condition alongwith the accommodation for longer period to enable him to deposit the amount. However, the said request came to be objected by the respondent stating and contending that more than sufficient time has already been elapsed as appeal in question could not have been decided within the stipulated time, as it has crossed the period of 60 days, and therefore, also the readiness and willingness expre
Dishonour of cheque – Suspension of sentence – Imposition of condition by first appellate court to deposit 20% of compensation amount awarded is valid.
The condition to deposit 20% compensation under Section 148 of the NI Act is not absolute; appellate courts may waive or reduce it based on individual circumstances and should not infringe on the rig....
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 appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
The Appellate Court has discretion under Section 148 of the N.I. Act to waive the deposit requirement in exceptional cases, contrary to previous interpretations.
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