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GITA GOPI
GIRISHBHAI DURLABHBHAI AMIPARA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Rule. Learned A.P.P. Ms. Krina Calla and learned advocate Mr. Yogeshkumar A. Ratanpara, waive service of notice of rule on behalf of respective parties. Rule is fixed forthwith.
2. By way of the above Revision Applications, the applicant-revisionists have challenged the orders dated 15.05.2024 passed below Exhibit-5 in Criminal Appeal Nos. 5 of 2024 and 4 of 2024 by the learned 2nd Additional District and Sessions Judge, Visavadar and further prayer was made to modify the condition no. 1 imposed in Exh.5 application in both the matters.
3. Mr. Ashish M. Dagli, learned advocate for the applicant, referring to the judgment of Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. and Others, (2023) 10 SCC 446, submitted that the learned Judge was required to consider the facts of the matter prior to passing any order against the applicants-accused to deposit 20% of the compensation amount.
3.1 Advocate Mr. Dagli submitted that in view of proposition laid in the referred judgment, such an order would even frustrate the order of suspension of sentence and bail granted. The inability to deposit the amount would lend the applicants-appellants in jail. More so, when
The appellate court has discretion under Section 148 of the NI Act to impose a deposit condition, which is not mandatory and must be justified based on case specifics.
The court clarified that the appellate court has discretion under Section 148 of the N.I. Act to waive the 20% deposit requirement in exceptional cases, emphasizing the need for recorded reasons.
Dishonour of cheque – Suspension of sentence – Imposition of condition by first appellate court to deposit 20% of compensation amount awarded is valid.
The court established that conditions for suspension of sentence must be justified with reasons, considering the accused's financial situation and prior payments.
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
The court established that appellate courts generally must provide reasons for imposing pre-deposit conditions unless justified by exceptional circumstances, reflecting the need to prevent unjust del....
The appellate court can impose a 20% deposit requirement from a convicted party, but exceptions may apply under specific and justified circumstances.
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