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IN THE HIGH COURT AT CALCUTTA
JAY SENGUPTA
Rita Plastic Private Limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
JAY SENGUPTA, J.
1. This is an application challenging an order dated 25.02.2025 passed by the learned Judge, City Sessions Court, Calcutta in Criminal Appeal No. 165 of 2024 arising out of judgement dated 07.09.2024 passed by the learned Judicial Magistrate, 8th Court, Calcutta in C Case No. 74083 of 2016 under Section 138 of the Negotiable Instrument Act.
2. Learned counsel appearing on behalf of the petitioners submitted as follows. The respondent no. 2 filed a complaint case vide C Case No. 74083 of 2016 under Section 138 of the Negotiable Instrument Act against the petitioners and another. On behalf of the complainant one Arunava Biswas deposed before the learned Trial Court by filing evidence-in-chief as PW 1 on 03.02.2022. The cross examination of PW 1 resumed on 30.03.2022. Further cross examination resumed on 08.09.2022. Subsequently, the petitioners, on 11.11.2022, filed an application under section 91 of the Code of Criminal Procedure as PW-1, Arunabha Biswas during his cross examination, was asked to produce agreement between Del Credere agency i.e. M/s Delhi Polymers and Chemicals Pvt. Ltd. by virtue of which the complainant company had received the cheque. A
Court affirmed that an appellate court may require a deposit under Section 148 of the Negotiable Instrument Act, and petitioners must establish exceptional circumstances to waiver this mandate.
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 appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
The main legal point established in the judgment is the distinction between Section 143A and Section 148 of the Negotiable Instruments Act and their respective applicability in directing the deposit ....
Court ruled that the complainant must be given notice and that the accused must deposit a minimum of 20% of the fine pending appeal under Section 148 of the Negotiable Instruments Act.
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....
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....
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