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HARKESH MANUJA
Ashwani Kumar – Appellant
Versus
Raghuvir Singh – Respondent
| Table of Content |
|---|
| 1. petition against appellate court's order on compensation (Para 1 , 2 , 3) |
| 2. petitioner's financial inability argument (Para 4) |
| 3. court's reasoning on suspension of sentence and deposit requirement (Para 5) |
| 4. dismissal of the revision petition (Para 6) |
JUDGMENT
Harkesh Manuja, J.
By way of present petition filed under Section 482 Cr.P.C., prayer has been made for setting aside of the order dated 03.03.2023 (Annexure P-2) passed by the first appellate Court whereby, the petitioner has been directed to deposit 20% of the compensation amount within a period of 60 days.
2. On account of dishonour of cheque No.184513 dated 02.02.2019, the respondent filed a complaint under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and upon trial thereof the petitioner was convicted vide judgment dated 15.02.2023 with further direction to undergo sentence of simple imprisonment for a term of two years and was ordered to pay the compensation of Rs.2,23,825/- and in default thereof to further undergo simple imprisonment for a term of three months.
3. Aggrieved thereof, petitioner filed first appeal wherein, the appellate Court while issuing
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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