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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANJAY VASHISTH
Pawan Goyal – Appellant
Versus
Anshul Goyal – Respondent
| Table of Content |
|---|
| 1. overview of the common order and petitions. (Para 1 , 2 , 3) |
| 2. challenging suspension of sentence conditions. (Para 4 , 5 , 6) |
| 3. interpretation of legal questions by the larger bench. (Para 7 , 8) |
| 4. return of matters for fresh decision on suspension applications. (Para 9) |
| 5. directions for the appellate court’s compliance. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
JUDGMENT :
SANJAY VASHISTH, J.
1. This common order would decide aforementioned nine petitions, as the primary issue involved therein is same.
2. These petitions, under Section 528 of the BNSS , 2023, have been filed by the petitioner(s) assailing the order(s) passed by the concerned Appellate Court(s) while deciding the application(s) for suspension of sentence, filed by the petitioner(s) alongwith the appeal(s) preferred by them against the judgement of conviction and order of sentence passed by the Trial Court, while deciding complaints under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the NI Act’).
In all the cases, respective Appellate Court(s), while allowing the application(s) and suspending the sentence during pendency of the appeal(s), subjected the appellant(s)/petitioners herei
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 condition to deposit 20% compensation under Section 148 of the NI Act is not absolute; appellate courts may waive or reduce it based on individual circumstances and should not infringe on the rig....
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
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