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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE GANESH RAM MEENA, J
Rakesh Kumar S/O Sh. Prem Singh – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. The petitioner has filed the present criminal miscellaneous petition with a prayer to set aside the condition of deposit of 20% of the fine amount imposed by the Appellate Court vide order dated 01.10.2024.
2. Learned counsel for the petitioner submits that the petitioner is not in a financial position to deposit the 20% of the amount as directed by the Appellate Court while passing order of suspension of sentence. He also submits that the accused-petitioner is suffering from a paralytic problem.
3. Considered the submissions made by learned counsel for the accused-petitioner.
4. The petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short the ‘N.I. Act’) and has been sentenced to undergo two years simple imprisonment and a fine of Rs.21,75,000/- and in default of payment of fine, he was to further undergo additional two months simple imprisonment.
5. Against the order of conviction and sentence, the accused- petitioner preferred a Criminal Appeal No.128/2024 before the Sessions Judge, Sikar.
6. Along with the appeal, the petitioner also moved an application for suspension of sentence. The Appellate Court vide its order
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.
Suspension of sentence – Direction to deposit 20% of compensation amount ordered by Trial Judge must be supported by reasons.
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 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.
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 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 must consider exceptional circumstances before imposing a deposit requirement under Section 148 of the Negotiable Instruments Act.
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.
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