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SHAMPA DUTT (PAUL)
Parmeswar Shaw – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The present revision has been preferred against an order being no. 4 dated 10.12.2019 passed by the Learned Additional District & Sessions Judge, 1st Court, Sealdah, South 24 Parganas in Criminal Appeal No. 17 of 2019 arising out of Complaint Case No. C/786 of 2011 under Section 138 of the Negotiable Instruments Act, 1881.
2. The petitioner’s case is that the opposite party no. 2 filed a complaint case against the petitioner before the learned Additional Chief Judicial Magistrate, Sealdah under Sections 138 of the Negotiable Instruments Act, 1881 which was subsequently transferred to the learned Judicial Magistrate, 6th Court, Sealdah where the same was tried and the petitioner was convicted under Section 138 of the said Act by the judgment and order of conviction dated 26.07.2019, which constrained the petitioner to prefer an appeal against the said order of conviction being Criminal Appeal No. 17 of 2019 before the learned Additional District & Sessions Judge, Sealdah.
3. The allegations leveled against the petitioner are inter alia to the effect that complainant/O.P. No. 2 intended to purchase a flat belonging to the petitioner and paid a sum of
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 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 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....
The mandatory nature of Section 148 of the Negotiable Instruments Act, 1881, and the purpose of the amendment to provide speedy disposal of cases relating to dishonour of cheques.
The amended Section 148 of the Negotiable Instruments Act requires the appellate court to order a minimum deposit of 20% of the fine during an appeal against conviction under Section 138, ensuring co....
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....
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