Back
MARY JOSEPH
Manoj, S/o. Raghavan – Appellant
Versus
Sujaya Kuries And Finance, Represented By Its Litigation Clerk, Krishna Prasad, S/o. Anil Kumar – Respondent
ORDER :
1. This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C.’) seeking to set aside an order passed by Court of Sessions, Thrissur (for short ‘the appellate court’) on 26.07.2022 in Crl.M.P.No.2259/2022. Crl.M.P.No.2259/2022 was filed by the petitioner in Criminal Appeal No.153/2022 originated from the judgment passed by Judicial First Class Magistrate Court, Chavakkad in CC No.1144/2016 (for short ‘the trial court’).
2. The petitioner herein faced trial before the trial court and the trial court found him guilty and convicted and sentenced him. Against the judgment passed as above the petitioner preferred Criminal Appeal No.153/2022 alongwith Crl.M.P.No.2259/2022 seeking for suspension of execution of sentence. In exercise of the jurisdiction under Section 148 of the Negotiable Instruments Act, 1881 (for short ‘the N.I.Act’), the appellate court allowed the application and directed the petitioner herein to deposit 20% of the fine amount imposed by the trial court.
3. It is contended by Sri.Adithya Rajeev, the learned counsel for the petitioner that he has got a valid point to be raised in the Criminal Appeal and if that
The court emphasized that the consideration of grounds raised in the appeal itself while exercising jurisdiction under Section 148 N.I.Act would consume much time and was not envisaged by the provisi....
The Appellate Court's imposition of a 20% fine deposit pending appeal is upheld, as the accused failed to substantiate claims of financial hardship under the Negotiable Instruments Act.
The main legal point established in the judgment is that the appellate court may order the appellant to deposit a minimum of 20% of the fine or compensation awarded by the trial court, as per the pro....
The appellate court has the discretion to waive the 20% deposit requirement under Section 148 of the NI Act if justified by exceptional circumstances.
The Appellate Court must consider exceptional circumstances when imposing a deposit requirement under Section 148 of the Negotiable Instruments Act, requiring specific reasons for its decision.
Court discretion under Section 148 of the NI Act can be invoked in exceptional circumstances to waive statutory deposit requirements for sentence suspension.
The appellate court must evaluate if a case is exceptional to waive the mandatory 20% deposit under Section 148 of the Negotiable Instruments Act.
Conditions on bail that undermine an accused's fundamental rights must be avoided.
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
