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GITA GOPI
MILAN S/O DINESHBHAI CHOLERA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. RULE returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent-State and learned Advocate Mr. Ashish M. Dagli waives service of notice of Rule on behalf of the complainant-respondent No. 2.
2. By way of the above Revision Applications, the common applicant-revisionist has challenged the order/s dated 03.05.2024 passed below Exhibit 1 in Criminal Appeal Nos. 293 of 2024 and 294 of 2024 by the learned 8th Additional Sessions Judge, Rajkot.
3. Learned Advocate for the applicant-revisionist Mr. Anand B. Gogia has referred to the decision of the Hon’ble Apex Court in the case of Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. and Others, (2023) 10 SCC 446 and submitted that exceptional cases were brought to the notice of the Court to state that there was no necessity for the learned Trial Court to even order the deposit of 20% of fine and compensation amount before the Nazir of the learned District Court.
4. It is further submitted that the order of the learned trial Court is to effect to pay the cheque amount as compensation within one month of the order and in default, to suffer six months simple im
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.
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 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.
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 appellate courts generally must provide reasons for imposing pre-deposit conditions unless justified by exceptional circumstances, reflecting the need to prevent unjust del....
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