Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
RAJESH MAZUMDAR
Md. H M Murtaza Laskar, S/o. Late Massadar Ali Laskar – Appellant
Versus
Eureka Multi Developer, Represented By Md. Habibullah – Respondent
Judgment :
Rajesh Mazumdar, J.
Heard Mr. O. Laskar, learned counsel for the petitioner and also heard Mr. N. Kothari, learned counsel appearing for the sole respondent.
2. The crux of the present criminal petition is the order dated 16.03.2024 passed by the Court of the learned Addl. Sessions Judge No.5, Kamrup (M) at Guwahati in Criminal Appeal No. 27/2024 by which the appellant herein was directed to pay 20% of the total compensation amount as quantified in the judgment & order dated 15.02.2024 passed in C.R Case No. 1302/2016 in the proper Government Head, through the learned CJM, Kamrup (M), Guwahati and thereafter to submit deposit receipts. The execution of the judgment of the Court of first instance was kept in abeyance till 25.04.2024.
3. The concerned appeal arises out of the judgment & order dated 15.02.2024 passed by the learned CJM, Kamrup (M), Guwahati in C.R Case No. 1302/2016. This Court has noticed that the trial proceeded for a period of nearly 8 years from the date it was instituted. This Court has been informed by the counsels in tandem that even though no interim orders had been passed in this criminal petition, due to its pendency, the appeal has not yet proceeded
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 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.
Dishonour of cheque – Suspension of sentence – Imposition of condition by first appellate court to deposit 20% of compensation amount awarded is valid.
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
The appellate court can impose a 20% deposit requirement from a convicted party, but exceptions may apply under specific and justified circumstances.
Point of law: In a given facts of the case, where accused person is facing convictions in 9 complaints and in each of these complaints, accused has faced conviction, wherein fine is separately impose....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
