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AKIL KURESHI
Subrata Bikash Datta – Appellant
Versus
Jiban Kumar Rakshit – Respondent
JUDGMENT
Petitioner original complainant of a cheque bouncing case has challenged an order dated 23.02.2021 passed by the learned Sessions Judge, North Tripura, Dharmanagar on an application filed by the petitioner in an appeal filed by the respondent No.1 the original accused.
2. Brief facts are as under:
The case of the petitioner is that the respondent No.1 had borrowed certain sums of money from the petitioner from time to time and in discharge of the debt, the respondent No.1 had issued a cheque dated 30.07.2015 for a sum of Rs.7,57,640/-. This cheque being presented for realization was returned on the ground that the balance in the account was insufficient. The petitioner thereupon filed a complaint against the respondent No.1 under Section 138 of the Negotiable Instruments Act. The concerned Magistrate conducted a trial during which the respondent No.1 disputed his guilt, however, did not dispute his signature on the cheque. The learned Magistrate decided the criminal case by a judgment dated 12.02.2020 by which the respondent No.1 original accused was convicted for offence punishable under Section 138 of the Negotiable Instruments Act. He imposed a sentence of simple impri
Court ruled that the complainant must be given notice and that the accused must deposit a minimum of 20% of the fine pending appeal under Section 148 of the Negotiable Instruments Act.
Court affirmed that an appellate court may require a deposit under Section 148 of the Negotiable Instrument Act, and petitioners must establish exceptional circumstances to waiver this mandate.
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....
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 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 can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
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