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HARKESH MANUJA
Ashwani Kumar – Appellant
Versus
Raghuveer Singh – Respondent
| Table of Content |
|---|
| 1. setting aside trial court's compensation order. (Para 1 , 2 , 3) |
| 2. petitioner's arguments regarding payment and financial capability. (Para 4 , 5) |
| 3. interpretation of sections 143-a and 148 of the act. (Para 6 , 7) |
| 4. dismissal of revision petition finding no perversity. (Para 8) |
Judgment
Mr. Harkesh Manuja, J.
By way of present petition filed under Section 482 Cr.P.C., prayer has been made for setting aside of the order dated 03.03.2023 (Annexure P-2) passed by Ld. Addl. Sessions Judge, Fazilka whereby, the petitioner has been directed to deposit 20% of the compensation amount within a period of 60 days.
2. On account of dishonour of cheque No.184517 dated 02.02.2019, the respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’) and upon trial thereof the petitioner was convicted vide judgment dated 15.02.2023 with further direction to undergo sentence of simple imprisonment for a term of two years and was ordered to pay the compensation of Rs.14,50,000/- and in default thereof to further undergo simple imprisonment for a term of three months.
3. Aggrieved thereof, petitioner filed first appeal whe
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
The court established the interpretation of Section 148 and 143-A of the NI Act in the context of suspending the sentence and imposing conditions on the appellant/convict.
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