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AMAN CHAUDHARY
Amarjeet Singh – Appellant
Versus
Royal Mark – Respondent
JUDGMENT
Aman Chaudhary, J.
Present petition has been filed under Section 482 Cr.P.C. for quashing of the condition imposed by the appellate Court vide order dated 04.02.2020 whereby the petitioner has been directed to deposit one third amount of the compensation amount while suspending the sentence in appeal under section 138 of the Negotiable Instruments Act, 1881 vide order dated 09.01.2020 (Annexure P-1).
2. Briefly put the facts of the case are that in a complaint filed under section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') by respondent on account of dishonour of the cheque bearing No.947034 dated 20.04.2017, learned Chief Judicial Magistrate, Mohali vide order dated 09.01.2020, has convicted and sentenced the petitioner to undergo rigorous imprisonment for one year and to pay a fine of Rs.4,80,000/-. Against which, the petitioner filed an appeal, alongwith the application for suspension of his sentence. The said application has been allowed vide order dated 04.02.2020 by learned Additional Sessions Judge, Mohali and the sentence of the petitioner has been suspended, subject to furnishing bail bond in the sum of Rs.50,000/- with one surety as well as t
The appellate court may impose a deposit condition under Section 148 of the N.I. Act, interpreted as mandatory for expediting cheque dishonour cases.
The court emphasized that mandatory deposit provisions under Section 148 may hinder access to justice, directing prompt appeals hearings for those unable to comply due to financial constraints.
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
Suspension of sentence – When Appellate Court considers prayer under Section 389 of Cr.P.C. of accused who has been convicted for offence under Section 138 of N.I. Act, it is always open for Appellat....
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.
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