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HARSH BUNGER
Deepak Kumar – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge based on factual background. (Para 1 , 2) |
| 2. additional sessions judge's order on bail. (Para 3 , 4) |
| 3. petition challenges imposition of bail conditions. (Para 5 , 6) |
| 4. court's reasoning on the application of section 148. (Para 9 , 12 , 14) |
| 5. interpretation of section 148 of n.i. act. (Para 10 , 11) |
| 6. final dismissal of the petition. (Para 16) |
JUDGMENT
Harsh Bunger, J.
The petitioner in the present petition seeking quashing of order dated 29.09.2022 (Annexure P-1) passed by learned Additional Sessions Judge, Faridabad in CRA-306-2022 titled as M/s PDS Infrastructures & Consultants Pvt. Ltd. And another v. Jal Shakti Vihar Residential Welfare Society, whereby, the petitioner (appellant-convict in CRA-306-2022) has been directed to deposit 20% of the compensation amount awarded by the trial Court within 60 days from the date of order in view of section 148 of the Negotiable Instruments Act, 1881 (for short 'N.I Act, 1881') (as amended up-to-date).
2. Brief facts of the case are that respondent No.2-complainant filed a complaint under Section 138 of the N.I Act, 1881, by stating that the complainant is the Residential Welfare Society of Jal Shakt
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 court emphasized that the power to direct the deposit under Section 148 can be exercised at any stage during the pendency of the appeal, and the provision does not affect the substantive right of....
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....
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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