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AMAN CHAUDHARY
Harmeet Kaur – Appellant
Versus
Vijay Kumar – Respondent
| Table of Content |
|---|
| 1. filing of petition under section 482 cr.p.c. (Para 1) |
| 2. condition imposed for bail must not be onerous. (Para 2) |
| 3. review procedures involve file perusal. (Para 3) |
| 4. non-payment impacts suspension of sentence. (Para 4 , 9) |
| 5. appellate court may order payment pending appeal. (Para 5) |
| 6. interpretation of section 148 of the ni act. (Para 6 , 8 , 11 , 12 , 14) |
| 7. supreme court’s views on compliance of conditions. (Para 10 , 13) |
| 8. amendment serves justice for cheque transaction integrity. (Para 15) |
| 9. application for dismissal due to lack of merit. (Para 16) |
Judgment
Mr. Aman Chaudhary, J.
The present petition has been filed under Section 482 Cr.P.C. for quashing of order dated 24.02.2023, Annexure P-1 passed by Additional Sessions Judge, Amritsar in case bearing CRA-59-2023 titled as ‘Harmeet Kaur vs. Vijay Kumar’, whereby a condition was imposed on the petitioner to pay 20% of compensation amount to the complainant-respondent.
2. Learned counsel submits that a condition for the grant of bail cannot be made onerous for the petitioner. The appellate Court has committed an error as no reason has been assigned for imposing a condition while granting the suspension of sentenc
The main legal point established in the judgment is the retrospective applicability of Section 148 of the Negotiable Instruments Act, the mandatory nature of the Appellate Court's discretion to direc....
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.
Petitioners cannot be compelled to deposit 20% of compensation for bail under Section 138 NI Act, as this condition infringes on their right to appeal and to liberty.
The condition to deposit 20% compensation under Section 148 of the NI Act is not absolute; appellate courts may waive or reduce it based on individual circumstances and should not infringe on the rig....
Section 148 of N.I. Act delineates Power of Appellate Court to order payment pending appeal against conviction.
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