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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANJAY VASHISTH
Amnish Khunger – Appellant
Versus
Harbans Singh Popli – Respondent
JUDGMENT :
Sanjay Vashisth, J.
Prayer in the present petition filed under Section 528 of BNSS, 2023, is for quashing of the impugned order dated 19.11.2024 (Annexure P- 2), passed by learned Additional Sessions Judge, Fazilka in Criminal Appeal No.CRA-352/2024, titled as 'Amnish Kumar Vs. 'Harbans Singh, whereby, learned Court directed the petitioner to deposit 20% of the compensation amount.
2. Learned counsel for the petitioner has stated that petitioner was prosecuted in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') and he was convicted by learned Judicial Magistrate First Class-3, Abohar Fazilka, under Section 138 of the Act, vide judgment dated 24.10.2024(P-1) and sentenced to undergo rigorous imprisonment for a period of two years and was also ordered to pay compensation of Rs.10,00,000/- (ten lacs only) i.e. twice the cheque amount.
Counsel further submitted that challenging the judgment dated 24.10.2024, the petitioner filed an appeal before the Court of learned Additional Sessions Judge, Fazilka and thereupon learned Appellate Court vide its impugned order dated 19.11.2024 (Annexure P-2) suspended the order of sentence qua petitio
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
The appellate court must evaluate if a case is exceptional to waive the mandatory 20% deposit under Section 148 of the Negotiable Instruments Act.
The Appellate Court must consider exceptional circumstances before imposing a deposit requirement under Section 148 of the Negotiable Instruments Act.
The appellate court has discretion under Section 148 of the NI Act to impose a deposit condition, which is not mandatory and must be justified based on case specifics.
Petitioners cannot be compelled to deposit 20% of compensation for bail under Section 138 NI Act, as this condition infringes on their right to appeal and to liberty.
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.
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....
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