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DELHI HIGH COURT
POONAM A.BAMBA
Safety Energy Solutions Pvt. Ltd. – Appellant
Versus
Gopi Ram – Respondent
| Table of Content |
|---|
| 1. petition challenges prior court orders (Para 1) |
| 2. factual background of the case (Para 2) |
JUDGMENT
Poonam A. Bamba, J.:
CRL.M.C. 3125/2022
1.0. Vide this petition, the petitioner is assailing orders dated 07.12.2021 and 11.05.2022 ("impugned orders" in short) passed by the Ld. ASJ - 04, (South-West District), in Criminal Appeal No. 445/2019 under Section 148 of the Negotiable Instruments Act, 1881 ("NI Act" in short) and is seeking the following reliefs:
(a) quash the impugned orders dated 07.12.2021 and 11.05.2022 passed by the Ld. ASJ - 04, (South West District), Dwarka Courts, New Delhi in Criminal Appeal no. 44/2019 titled as Safety Energy Solutions Pvt. Ltd. & another vs. Shri Gopi Ram; and
(b) direct that the land in question which is in7 possession of the respondent may be treated as sufficient security in place of deposit of an amount of Rs. 1,90,00,000/- in the form of FDR; and
(c) Pass any other7 or further orders which this Hon'ble Court deems fit and proper in the circumstances of the case, in favour of the petitioner."
2.0. Briefly put, the facts relevant for disposal of the instant petition are that:
i. the respondent/complainant had filed a compla
The appellate court upheld the necessity for a minimum deposit of 20% of compensation under Section 148 of the Negotiable Instruments Act, confirming compliance is essential to maintain the right of ....
The requirement to deposit at least 20% of the compensation under the Act during an appeal is a mandatory rule. Waiver of this condition is limited to rare, exceptional cases where specific, justifia....
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 main legal point established in the judgment is the legal implications of default in complying with a settlement and the applicability of Section 148 of the NI Act to appeals against the order of....
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....
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