NAMIT KUMAR
Bharat Singh – Appellant
Versus
Lekh Raj Kamboj – Respondent
| Table of Content |
|---|
| 1. circumstances of the petition under section 482 cr.p.c. (Para 1 , 2 , 3) |
| 2. arguments on the imposition of conditions during bail suspension. (Para 4 , 5) |
| 3. court analysis on compliance with conditions of bail. (Para 6 , 7) |
| 4. final decision on the dismissal of the appeal. (Para 8 , 9) |
JUDGMENT :
Namit Kumar, J.
Petitioner has approached this Court by filing the present petition under Section 482 Cr.P.C. impugning the order dated 01.12.2020 (Annexure P4) passed by the Court of learned Additional Sessions Judge, Fazilka, in CRA No.207 dated 01.12.2020 titled 'Bharat Singh v. Lekh Raj Kamboj and another' whereby while suspending his sentence, petitioner has been directed to deposit 20% of the compensation amount, as ordered by the trial Court, within 60 days from the date of passing of the impugned order.
2. Brief facts of the case are that respondents filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act') against the petitioner alleging therein that the petitioner issued a cheque bearing No.000015 dated 08.06.2018 for Rs.4,50,735/- and another post dated cheque bearing No.00016 dated 30.08.2018 for Rs.1,50
The appellate court may impose a deposit condition under Section 148 of the N.I. Act, interpreted as mandatory for expediting cheque dishonour cases.
Section 148 of N.I. Act delineates Power of Appellate Court to order payment pending appeal against conviction.
The main legal point established in the judgment is that the appellate court may order the appellant to deposit a minimum of 20% of the fine or compensation awarded by the trial court, as per the pro....
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