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N. S. SHEKHAWAT
Gurjant Singh – Appellant
Versus
Jarnail Singh – Respondent
JUDGMENT
Mr. N.S.Shekhawat, J. (Oral)
The petitioner/accused has filed the present petition with a prayer to set-aside the order dated 02.12.2021 (Annexure P-5) passed by the learned Additional Sessions Judge, Sangrur in CRA No. 148 dated 07.03.2017 titled as " Gurjant Singh v. Jarnail Singh ", whereby, the petitioner was directed to deposit 20% of the double cheque amount to the respondent/complainant.
2. Learned counsel for the petitioner submits that vide judgment and order dated 13.02.2017 passed by the Court of learned SDJM, Malerkotla, the petitioner was held guilty for the offence punishable under section 138 of the Negotiable Instruments Act (hereinafter to be referred as 'the Act') and was sentenced to undergo simple imprisonment for a period of six months and was also directed to pay compensation to the respondent/complainant equal to the amount of cheque in question. Challenging the impugned judgment and order passed by the learned SDJM Malerkotla, the present petitioner filed an appeal before the Court of learned Sessions Judge, Sangrur. Vide order dated 02.12.2021, the Court of learned Additional Sessions Judge, Sangrur, directed the petitioner (appellant before the appe
The Appellate Court must consider exceptional circumstances when imposing a deposit requirement under Section 148 of the Negotiable Instruments Act, requiring specific reasons for its decision.
Appellate court bail condition in NI Act s.138 appeal must be based on cheque amount, not compensation amount.
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 appellate court has discretion under Section 148 of the NI Act to impose a deposit condition, but must consider exceptions and provide reasons when waiving such conditions.
The Appellate Court must consider exceptional circumstances before imposing a deposit requirement under Section 148 of the Negotiable Instruments Act.
The appellate court must evaluate if a case is exceptional to waive the mandatory 20% deposit under Section 148 of the Negotiable Instruments Act.
Suspension of sentence – Direction to deposit 20% of compensation amount ordered by Trial Judge must be supported by reasons.
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