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GURBIR SINGH
Ravjot Singh – Appellant
Versus
Vijay Kumar – Respondent
JUDGMENT :
Mr. Gurbir Singh, J.: - Challenge in the present petition, filed under Section 482 Cr.P.C. is to the order dated 28.03.2024 (Annexure P-4), passed by learned Additional Sessions Judge, Ludhiana (for brevity – Appellate Court) in Criminal Appeal No.9794 dated 17.11.2022, whereby the petitioner has been directed to deposit 20% of the compensation amount under Section 148-A of the Negotiable Instruments Act (hereinafter referred to as – the Act). In case of failure to deposit the said amount, it was ordered that the bail granted to the petitioner would be cancelled and he would be taken into custody.
2. The brief facts, necessary for disposal of the present petition, are that the respondent had filed a complaint under Section 138 of the Act against the petitioner on the ground that the cheque issued by the petitioner was duly presented in the bank in time but the same was dishonoured. Thereafter, legal notice was issued to the petitioner but he failed to pay the amount of cheque. The learned Trial Court convicted the petitioner for commission of offence under Section 138 of the Act and he was ordered to undergo rigorous imprisonment for a period of two years and to pay compen
The court established that the imposition of a deposit requirement under Section 148 can be waived in exceptional cases, requiring the appellate court to justify its decision.
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
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 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 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.
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