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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Nokibuddin Shekh Son Of Late Samsul Haque – Appellant
Versus
The State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. facts of the petitioner’s conviction (Para 1) |
| 2. request for bail during revision (Para 2) |
| 3. court's observations on the legal procedure (Para 3 , 7 , 16 , 19 , 20) |
| 4. arguments against prior court orders and statutory interpretation (Para 4 , 10 , 11 , 12 , 18) |
| 5. court's decision to set aside the appellate order and revive the appeal. (Para 14 , 22) |
| 6. key ratio decidendi regarding retrospective application of law (Para 17 , 21) |
| 7. final conclusion and order of the court (Para 23 , 24 , 25) |
JUDGMENT :
I.A. No. 1254 of 2024
1. This Criminal Revision Application has been filed on behalf of the petitioner challenging the order dated 03.12.2019 passed in Cr. Appeal No.23 of 2018 by learned Principal District and Sessions Judge, Pakur by which the appeal filed on behalf of the petitioner has been dismissed for not depositing the fine amount of Rs.4,37,500/- in compliance of the order dated 14.08.2018 and also the judgment of conviction and order of sentence dated 19.06.2018 passed by Shri Sandeep Kumar Bartam, learned S.D.J.M, Pakur in connection with P.C.R Case No.61 of 2017 (T.R No.1000 of 2018) by which the petitioner has been convicted for the offence under Section 138
Provisions of Section 143A of the N.I. Act are not applicable retrospectively, thus cannot impose obligations for cases predating its enactment.
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.
(1) N.I. Act is a Special Act and in view of Special Act, provisions of Cr.P.C. will be subject to Section 148 N.I. Act.(2) Dishonour of cheque – Requirement to deposit 20% of amount of compensation ....
(1) N.I. Act is a Special Act and in view of Special Act, provisions of Cr.P.C. will be subject to Section 148 N.I. Act.(2) Dishonour of cheque – Requirement to deposit 20% of amount of compensation ....
The main legal point established in the judgment is that the appellate Court cannot pass an order directing the appellant-accused to deposit any sum less than twenty percent of the fine or compensati....
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