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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 :
Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.
Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under Section 143-A.] of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘N.I. Act’), this criminal revision has been preferred.
3. It is submitted with vehemence by Mr. Ray, learned counsel relying on the judgment of the Apex Court in the case of Jamboo Bhandari vrs. Madhya Pradesh State Industrial Development Corporation Limited and Ors., [Jamboo Bhandari v. M.P. SIDC Ltd., (2023) 10 SCC 446] that in the factual matrix of the case at hand, the learned Appellate
4. Learned counsel for the complainant-Opposite Party oppos
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.
The court established that appellate courts generally must provide reasons for imposing pre-deposit conditions unless justified by exceptional circumstances, reflecting the need to prevent unjust del....
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