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JASJIT SINGH BEDI
Jaswinder Pal – Appellant
Versus
Resham Singh – Respondent
JUDGMENT
Mr. Jasjit Singh Bedi, J. (Oral)
The prayer in the present petition under Section 482 Cr.P.C. is for quashing of order dated 03.10.2023 (Annexure P-2) passed by the Additional Sessions Judge, SBS Nagar in CRA-168/2023 titled as 'Jaswinder Pal v. Resham Singh', arising out Complaint No.NACT- 448/229, under Section 138 of the Negotiable Instruments Act, vide which a condition had been imposed upon the petitioner to deposit 20% of the total amount of the compensation awarded by the Trial Court within a period of 60 days in the absence of which his order of suspension of his sentence would stand vacated.
2. The brief facts of the case are that the petitioner came to be convicted under Section 138 of the Negotiable Instruments Act and was sentenced to rigorous imprisonment for a period of one year and was directed to pay the compensation amount of Rs. 10,45,000/- to the respondent No.1 vide a judgment dated 05.09.2023. A copy of the judgment dated 05.09.2023 is attached as Annexure P-1 to the petition.
3. The petitioner preferred an appeal alongwith an application for suspension of sentence. The appeal was admitted and the sentence of the petitioner was ordered to be suspended o
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.
The main legal point established in the judgment is that the appellate court may order the appellant to deposit a minimum of 20% of the fine or compensation awarded by the trial court, as per the pro....
The appellate court has the discretion to waive the 20% deposit requirement under Section 148 of the NI Act if justified by exceptional circumstances.
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.
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