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SHAMPA DUTT PAUL
Mithun Modak – Appellant
Versus
Deepak Kumar Sharma – Respondent
JUDGMENT
Shampa Dutt (Paul), J. - The present revisional application has been referred praying for setting aside or modification of an order dated 24th December, 2019 passed by the Learned Additional District & Sessions Judge, Raghunathpur, Purulia in Criminal Appeal No. 09 of 2019 preferred by the accused/petitioner on being convicted by the learned Magistrate in Complaint Case No. 04 of 2013 under Section 138 of the Negotiable Instruments Act.
2. The petitioner's case is that on basis of a false complaint with completely forged documents the petitioner has been implicated as an accused in a case of dishonor of cheque amounting Rs. 3,30,000/-(Three lakhs and thirty thousand only) by the opposite party.
3. The petitioner pleaded not guilty to the commission of the alleged offence and faced the trial. But due to lack of proper legal guidance the petitioner was unable to defend himself in the aforesaid trial which was presided over by the Learned Additional Chief Judicial Magistrate, 2nd Court, Raghunathpur, Purulia. As a result the petitioner was convicted for the commission of offence punishable under Section 138 of the Negotiable Instruments Act and the petitioner was sentenced to un
The Appellate Court's power to order the appellant to deposit a minimum of 20% of the fine or compensation under Section 148 of the Negotiable Instruments Act, as amended in 2018, is mandatory and no....
The appellate court has the power to modify the condition for stay of sentence under Section 148 of the Negotiable Instruments Act in light of the financial difficulties faced by the appellant.
The main legal point established in the judgment is the retrospective applicability of Section 148 of the Negotiable Instruments Act, the mandatory nature of the Appellate Court's discretion to direc....
The aim of Section 148 NI Act is to provide relief to the complainant by empowering the Appellate Court to direct payment of a portion of the fine/compensation during the pendency of appeal. The vaca....
Point of law: In a given facts of the case, where accused person is facing convictions in 9 complaints and in each of these complaints, accused has faced conviction, wherein fine is separately impose....
The court established that conditions for suspension of sentence must be justified with reasons, considering the accused's financial situation and prior payments.
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