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HIGH COURT OF CHHATTISGARH AT BILASPUR
ARVIND KUMAR VERMA
Rashmindar Kaur Bhatia W/o Shir Kuldeep Singh Bhatia – Appellant
Versus
Nagrik Sahkari Bank Limited Through Shri M.S. Parihar S/o Late Shri Vishnu Singh Parihar – Respondent
Order :
(Arvind Kumar Verma, J.)
1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, against the order dated 28.12.2024, passed by Learned 10th Additional Sessions Judge, Raipur, in Criminal Appeal No. 471 of 2024, whereby the Learned Additional Sessions Judge has directed to deposit 20% of the amount of cheque within 60 days and then the appellant/accused may be released on bail after furnishing bail bond and surety of Rs. 10,000/-.
2. The brief facts of the case are that the complainant is a company registered under the Companies Act, 1956, possessing a valid banking license under the Banking Regulation Act, 1949, and engaged in all banking activities. The complainant provides various types of loans, including housing loans, as part of standard banking procedures. It is alleged that; the Applicant approached the complainant and requested a loan for expanding her transport business. Upon agreeing to the terms and conditions of the agreement, the complainant sanctioned a loan to the Applicant on 14.10.2011, and the Applicant maintained Loan Account No. 8734 (60803798717). In repayment of this loan, the Applicant issued Cheque No. 9
The Appellate Court must justify the imposition of a deposit condition for bail by assessing whether exceptional circumstances exist, as per Section 148 of the NI Act.
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
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....
Petitioners cannot be compelled to deposit 20% of compensation for bail under Section 138 NI Act, as this condition infringes on their right to appeal and to liberty.
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....
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