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NAMIT KUMAR
Parminder Singh Saini – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. overview of case facts and background (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on the legality of bail conditions (Para 6 , 7) |
| 3. court's analysis on section 148 of ni act (Para 8 , 9 , 10) |
| 4. decision affirming the appellate court's discretion (Para 11) |
| 5. conclusion and dismissal of petitions (Para 12) |
JUDGMENT
Namit Kumar, J. (Oral)
This order shall dispose of above mentioned four petitions, filed by the petitioner(s) as the common question of law and facts are involved in all the petitions. For the sake of brevity, facts are being culled out from the main petition i.e. CRM-M-23394-2023.
2. Petitioner has approached this Court by filing the present petition under Section 482 Cr.P.C. impugning the order dated 06.01.2023 (Annexure P-5) passed by the Court of learned Additional Sessions Judge, Panchkula, in Criminal Appeal Nos.04 of 2023 in Complaint Case No.NACT/768/08.10.2015 under section 138 of Negotiable Instruments Act, 1881 (for short the 'Act') whereby the Appellate Court while admitting the petitioner on bail had directed the petitioner to make a payment of 20 % of the compensation amount, as awarded by learned trial Court while convicting the petitioner vide judg
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....
Section 148 of the NI Act is retrospective in nature and applies to appeals arising out of complaint cases filed prior to the amendment of 2018.
The amended Section 148 of the Negotiable Instruments Act requires the appellate court to order a minimum deposit of 20% of the fine during an appeal against conviction under Section 138, ensuring co....
Court affirmed that an appellate court may require a deposit under Section 148 of the Negotiable Instrument Act, and petitioners must establish exceptional circumstances to waiver this mandate.
Point of law: In a given facts of the case, where accused person is facing convictions in 9 complaints and in each of these complaints, accused has faced conviction, wherein fine is separately impose....
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