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N. UNNI KRISHNAN NAIR
Maga Sakter, Son of Late Maga Ter – Appellant
Versus
Biki Tamo, Son of Shri Biki Talang – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.)
Heard Mr. Sumit Chhetri, learned counsel for the petitioner.
2. The present criminal revision petition has been instituted by the petitioner, assailing an order, dated 12.11.2024, passed by the learned Sessions Judge, Yupia, in IA(Crl.) No. 306/2024.
3. The sole respondent, herein, had instituted the proceeding against the present petitioner under Section 138 of the N.I. Act.
4. The learned Chief Judicial Magistrate, Papum Pare District, Yupia, vide judgment & order, dated 23.03.2023, proceeded on consideration of the issue so arising therein, to hold that the petitioner, herein, is guilty of the offence under Section 138 of the N.I. Act and convicted and sentenced the petitioner, herein, to pay a fine of Rs. 1,18,00,000/- for the loss and damage sustained by the respondent, herein, due to non-payment of the cheque amount. It was further directed in the said order that the petitioner shall undergo simple imprisonment for a year in default of payment of fine.
5. It is seen that being aggrieved by the said judgment & order, dated 23. 03.2023; the petitioner, herein, had instituted Crl. Appeal No. 02/2023.
6. The learned Sessions Judge, Yupia, vide or
The court ruled that failure to comply with the appellate court's order to deposit 20% of the fine amount justifies dismissal of the revision petition.
Point of law: Condition of depositing 50% of the amount of fine was imposed in bail during appeal, so the appeal itself cannot be dismissed on this ground.
Provisions of Section 143A of the N.I. Act are not applicable retrospectively, thus cannot impose obligations for cases predating its enactment.
The appellate court can impose a 20% deposit requirement from a convicted party, but exceptions may apply under specific and justified circumstances.
The right of the accused to a fair hearing and the need for substantial compliance with legal requirements.
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