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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJESH BHARDWAJ
Lachhman @ Lakshman – Appellant
Versus
Balbir Singh – Respondent
JUDGMENT :
RAJESH BHARDWAJ, J.
1. Present petition has been filed praying for quashing of impugned order dated 12.07.2024 passed by learned Additional Sessions Judge, Fazilka in CRA No.185 of 2024 arising out of judgment and order dated 14/15.06.2024 arising out of Crl. Complaint bearing NACT-277-2018, under Section 138 of Negotiable Instruments Act, 1881 vide which the sentence awarded to the petitioner by ld. Judicial Magistrate First Class, Sirsa has been suspended with a direction to the petitioner to deposit 20% of compensation amount.
2. Learned counsel for the petitioner has submitted that the petitioner was prosecuted in a complaint filed under Section 138 of the Negotiable Instruments Act (for short ‘the Act’). He has submitted that the petitioner was convicted by the learned Judicial Magistrate First Class, Sirsa under of the Act vide judgment dated 14/15.06.2024 and sentenced to undergo simple imprisonment for a period of 01 year and was ordered to pay compensation to the tune of Rs.7,00,000/- to the complainant. He has further submitted that against the order dated 14/15.06.2024, the petitioner filed an appeal before the Court of learned Additional Sessions Judge, Sirsa
The court emphasized that mandatory deposit provisions under Section 148 may hinder access to justice, directing prompt appeals hearings for those unable to comply due to financial constraints.
The appellate court may impose a deposit condition under Section 148 of the N.I. Act, interpreted as mandatory for expediting cheque dishonour cases.
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
The appellate court has the discretion to waive the 20% deposit requirement under Section 148 of the NI Act if justified by exceptional circumstances.
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