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SHAMIM AHMED
Mangla Prasad Singh – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
Shamim Ahmed, J.
1. Heard Sri Lal Bahadur Khan, learned counsel for the petitioner, Sri Hari Shanker Bajpai, learned A.G.A.-I for the State and perused the record.
2. In view of the order proposed to be passed, notice to opposite party No.2 is hereby dispensed with as purely legal question is involved in this case, however, learned A.G.A-I for the State has accepted notice on behalf of State-opposite party No.1.
3. The instant writ petition has been filed with following main prayer:-
4. Learned Counsel for the petitioner submitted that initially, the present opp. party no. 2 filed a complaint U/S 138 of Negotiable Instruments Act, 1881 read with Section 406/420 I.P.C against the p
The amended Section 148 of the Negotiable Instruments Act requires the appellate court to order a minimum deposit of 20% of the fine during an appeal against conviction under Section 138, ensuring co....
The main legal point established in the judgment is the retrospective applicability of Section 148 of the Negotiable Instruments Act, the mandatory nature of the Appellate Court's discretion to direc....
The appellate court has the power to modify the condition for stay of sentence under Section 148 of the Negotiable Instruments Act in light of the financial difficulties faced by the appellant.
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....
The Appellate Court's power to order the appellant to deposit a minimum of 20% of the fine or compensation under Section 148 of the Negotiable Instruments Act, as amended in 2018, is mandatory and no....
Point of law: In a given facts of the case, where accused person is facing convictions in 9 complaints and in each of these complaints, accused has faced conviction, wherein fine is separately impose....
Section 148 of the NI Act is retrospective in nature and applies to appeals arising out of complaint cases filed prior to the amendment of 2018.
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