PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Kesar Singh – Appellant
Versus
Mohit Commission Agent – Respondent
JUDGMENT :
Sumeet Goel, J. (Oral)
1. The present revision petition has been preferred by the petitioner impugning the order dated 18.12.2024 passed by the learned Additional Sessions Judge, Sangrur, to the extent, that the execution of sentence and order appealed against has been suspended qua the petitioner (herein) subject to depositing of 20% of the amount of compensation. The relevant portion of the impugned order reads thus:
"Present: Shri G.S. Nandpuri, Advocate, counsel for appellant.
This appeal is received by way of entrustment. Heard. Since there are fairly arguable points involved in this appeal, as such, the same is admitted for hearing subject to all just exceptions. It be registered. Notice of the appeal be given to the respondent for 12.03.2025. Trial Court record be summoned for the said date.
Alongwith the appeal, an application for suspending the sentence of imprisonment and to release the appellant on bail till the disposal of the appeal, has also been filed. Appellant/accused was convicted by the learned trial court under Section 138 of Negotiable Instrument Act vide Judgment of conviction and order of sentence dated 19.11.2024 and he was sentenced to undergo impriso
Appellate courts may impose a 20% deposit of compensation for appeal as per Section 148 of the Negotiable Instruments Act, ensuring rights of complainants while allowing exceptions only in demonstrat....
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
A speaking order is necessary for imposing the condition to deposit 20% of the compensation for suspending the sentence, as per the principle laid down by the Apex Court in Jamboo Bhandari v. M.P. St....
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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