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AMAN CHAUDHARY
Rakesh Kumar Sharma – Appellant
Versus
Prabhjot Kaur – Respondent
| Table of Content |
|---|
| 1. petition filed under section 482 cr.p.c. (Para 1) |
| 2. arguments presented by petitioner and respondent. (Para 2 , 3) |
| 3. core question on suspension of sentence. (Para 4 , 5 , 6) |
| 4. amended section 148 n.i. act's impact. (Para 7) |
| 5. purposeful interpretation of section 148 n.i. act. (Para 8 , 10) |
| 6. judicial clarification on non-compliance of bail conditions. (Para 9 , 11 , 12) |
| 7. discussion on fairness of compliance conditions. (Para 14 , 16) |
| 8. petition dismissed for lack of merit. (Para 17) |
JUDGMENT
Aman Chaudhary, J.
The present petition has been filed under Section 482 Cr.P.C. for setting aside the impugned order dated 25.11.2019 passed by learned Additional Sessions Judge, Amritsar in Criminal Appeal No.651 of 2019 in complaint case No.1675 of 2017 dated 10.04.2017, whereby petitioner was ordered to deposit 20% of compensation amount that was imposed, under Section 148 Negotiable Instruments Act, 1881, while suspending the sentence by learned trial Court within one and half month.
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 there is no provision for imposin
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....
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.
Section 148 of N.I. Act delineates Power of Appellate Court to order payment pending appeal against conviction.
The aim of Section 148 NI Act is to provide relief to the complainant by empowering the Appellate Court to direct payment of a portion of the fine/compensation during the pendency of appeal. The vaca....
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
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