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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Gouri Prasad Das @ Gouri Das – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. background of the case and prior judgment. (Para 1 , 2) |
| 2. arguments regarding the deposit requirement. (Para 3 , 4 , 5) |
| 3. court's review of evidence and avoidance of premature judgment. (Para 6 , 7) |
| 4. legal principles regarding the condition of deposit. (Para 8 , 9) |
| 5. modification of the deposit order and conclusion. (Para 10 , 11 , 12 , 13) |
JUDGMENT :
V. Narasingh, J.
Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.
1. Assailing the order dated 02.12.2025 passed by the learned Addl. Sessions Judge, Jajpur Road in Criminal Appeal No.62 of 2025 arising out of 1C.C. Case No.71 of 2019 (Trl. No.75 of 2025) directing the Petitioner to deposit 20% of the compensation amount in terms of Section 148(1) [148. Power of Appellate Court to order payment pending appeal against conviction.— (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), in an appeal by the drawer against conviction under Section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent of the fine or compensation awarded by the trial Court:
Provided that the amount payable unde
The appellate court can impose a 20% deposit requirement from a convicted party, but exceptions may apply under specific and justified circumstances.
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 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.
The appellate court must evaluate if a case is exceptional to waive the mandatory 20% deposit under Section 148 of the Negotiable Instruments Act.
Suspension of sentence – Direction to deposit 20% of compensation amount ordered by Trial Judge must be supported by reasons.
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 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.
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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