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ASHOK KUMAR VERMA
Umam Automobiles – Appellant
Versus
Indo Farm Equipment Ltd. – Respondent
| Table of Content |
|---|
| 1. overview of the case and initial facts. (Para 1 , 2 , 3 , 4 , 5) |
| 2. claim of illegality in the impugned order. (Para 6) |
| 3. examination of relevant statutory provisions. (Para 7 , 8) |
| 4. court's rationale based on precedents. (Para 9) |
| 5. final decision to dismiss the petition. (Para 10) |
JUDGMENT
Ashok Kumar Verma, J. (Oral)
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') for quashing of impugned order dated 25.11.2022 (Annexures P-6) passed by learned Additional Sessions Judge, Chandigarh, in Criminal Appeal No.317/2022 titled as 'M/s Umam Automobiles and another v. M/s Indo Farm Equipment Ltd.' whereby while suspending the sentence of the petitioner No.2, he was directed to deposit 20% of the compensation amount awarded by the trial Court within a period of 60 days.
2. Brief facts of the case are that petitioner No.1 is a partnership firm having petitioner No.2 as its partner. In order to discharge their legal liability, petitioner No.2 issued a cheque bearing No.899854 dated 01.11.2009 amounting to Rs.1,40,00,000/- in favour of the respondent and when the said cheque was presented by th
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 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.
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