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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI
H.Rishi Raj – Appellant
Versus
Ellandula Nikhila Devi – Respondent
ORDER :
1. This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioner/accused to suspend the condition of deposit of 20% of compensation amount passed in Crl.M.P.No.1986 of 2024 in Crl.A.No.1298 of 2024 dated 05.09.2024 passed by Special Judge For Trial of Offences Under SC’s and ST’s (POA) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad.
2. Heard Mr. Praveen Kumar Challa, learned counsel for petitioner, Mr. G.M. Ravi Kumar, learned counsel for respondent No.1 and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for the respondent No.2-State. Perused the material on record.
3. STC.NI.No.1047 of 2021 is renumbered as CC.NI.No.122 of 2023 on the file of XVI Additional Judge-cum-XX Additional Chief Metropolitan Magistrate, Secunderabad. Complaint is lodged under Sections 138 and 142 of Negotiable Instruments Act, 1881 (for short ‘NI Act’) r/w 190 of Cr.P.C. It is alleged that accused/petitioner approached the complainant requesting her to arrange a hand loan of Rs.22,00,000/- on 10.05.2018 for business purpose. That complainant paid an amount vide cheque bearing No.000032 dated 10.05.2018, drawn
A signed cheque creates a statutory presumption of liability under Section 139 of the NI Act, which the accused must rebut to avoid conviction.
The Appellate Court must justify the imposition of a deposit condition for bail by assessing whether exceptional circumstances exist, as per Section 148 of the NI Act.
Appellate courts must specify reasons when imposing deposit conditions under Section 148 of the Negotiable Instruments Act, especially when considering exceptional circumstances for suspension of sen....
The Appellate Court must evaluate whether an exceptional case exists before imposing deposit conditions on suspension of sentence, recording reasons if an exception is applicable.
The court modified the onerous deposit condition imposed in a cheque dishonor case under the NI Act, determining a lower percentage to balance justice.
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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