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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA, SANJAY VASHISTH
Coromandel International Limited – Appellant
Versus
Ambica Sales Corporation – Respondent
JUDGMENT :
ANOOP CHITKARA, J.
1. The above two connected matters were placed before this Bench to answer the following legal propositions:
(a) Whether imposition of condition to deposit 20% of the compensation amount awarded by the Trial Court, is sustainable or not, while deciding the application for suspension of sentence in an appeal, when the judgment of conviction and order of sentence is still awaiting confirmation?
(b) Whether the right of the convict-appellant being on bail in pending appeal, can be subjected to the compliance of direction to pay 20% of the compensation amount under Section 148 of the NI Act?
(c) Whether the right of bail can be taken away by the Appellate Court, where final adjudication of the appeal is pending, due to non-compliance of the direction to pay 20% of the compensation amount under Section 148 of the NI Act, for any justifiable or un-justifiable reason, as discussed in the cases of Jamboo Bhandari[Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. & Ors., (2003) 10 SCC 446. [Decided on 04-09-2023]] and Muskan Enterprises[Muskan Enterprises and another v. State of Punjab and another, 2024 SCC Online SC 4107 [Decided on 19-12-2024
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....
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.
Dishonour of cheque – Suspension of sentence – Imposition of condition by first appellate court to deposit 20% of compensation amount awarded is valid.
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
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....
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