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SAMEER JAIN
Mahendra Rajoriya – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(Sameer Jain, J.)
The instant petition is filed under Section 482 of the Code of Criminal Procedure challenging the order impugned dated 21.06.2023, passed by the learned court below, whereby a condition of deposition of 20% of the amount of conviction was imposed upon the petitioner, pending appeal.
2. Learned counsel for the petitioner has submitted that the complainant-respondent filed a complaint against the petitioner under section 138 of the Negotiable Instruments Act for dishonour of a cheque of Rs. 25,00,000/-. Thereafter, the learned trial court, having taken cognizance of the matter and hearing both the sides/scanning the record, convicted and sentenced the petitioner to two years simple imprisonment along with compensation to the tune of Rs. 50 lacs. It is further submitted that the petitioner being aggrieved of the said order, preferred an appeal before the appellate court, which vide order impugned dated 21.06.2023, directed the petitioner to deposit 20% amount of the conviction order within a period of 60 days, pending appeal against the conviction. In this background, being aggrieved of the order impugned mandating the deposition of 20% of the conviction amoun
The court upheld the imposition of a 20% pre-deposit condition pending appeal under Section 148 of the Negotiable Instruments Act, emphasizing its necessity for expediting resolutions in cheque disho....
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.
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 evaluate if a case is exceptional to waive the mandatory 20% deposit under Section 148 of the Negotiable Instruments Act.
The appellate court has discretion under Section 148 of the NI Act to impose a deposit condition, but must consider exceptions and provide reasons when waiving such conditions.
Suspension of sentence – Direction to deposit 20% of compensation amount ordered by Trial Judge must be supported by reasons.
The Appellate Court must consider exceptional circumstances before imposing a deposit requirement under Section 148 of 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 can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
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