AI Overview...
Payment of Deposit is Mandatory for Staying Conviction Order in Section 138 Cases
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Mandatory Deposit Requirement - Courts generally require the accused to deposit a certain percentage of the cheque amount or fine as a condition for staying the conviction or sentence under Section 138 of the Negotiable Instruments Act. This requirement is emphasized as a mandatory procedural step to ensure compliance and facilitate the stay of sentence during appeal NAZEER vs RAMADAS AND ANOTHER - Kerala, Deepak Kumar VS State of Haryana - Punjab and Haryana, Mangla Prasad Singh VS State Of U. P. Thru. Prin. Secy. Home Lko. - Allahabad.
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Legal Framework and Amendments - The insertion of Section 148 through the Negotiable Instruments (Amendment) Act, 2018, clarifies the mandatory nature of deposit conditions. The courts interpret this provision strictly, making deposit of a specified percentage (commonly 20%) a prerequisite for staying the sentence Mangla Prasad Singh VS State Of U. P. Thru. Prin. Secy. Home Lko. - Allahabad.
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Automatic Vacation of Stay if Deposit Not Made - Failure to deposit the mandated amount leads to automatic vacating of the stay, resulting in the immediate execution of the sentence or conviction. Courts have upheld that non-compliance with deposit conditions results in the loss of the benefit of suspension or stay of sentence NAZEER vs RAMADAS AND ANOTHER - Kerala, Deepak Kumar VS State of Haryana - Punjab and Haryana.
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Discretion in Waiving Deposit - Certain cases have recognized that payment of costs for compounding or other expenses related to the offence under Section 138 is discretionary and not mandatory in every case. This indicates some judicial flexibility, but the deposit of the main amount remains a core requirement for staying conviction M.N.PURUSHOTHAMAN vs LEELA VARGHESE @ LEELAMMA VARGHESE - Kerala.
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Impact of Non-Compliance - Courts have consistently held that non-deposit as mandated by law results in the automatic forfeiture of the benefit of suspension or stay, leading to the execution of the sentence or conviction order Bisal Dutta S/o. Lt. Kalyan Dutta vs State Of Assam - Gauhati, Satya Ranjan Saha VS Biplab Debnath - Tripura.
Analysis and Conclusion
The prevailing legal position, supported by multiple judgments, confirms that deposit of the specified amount (often 20%) is a mandatory condition for staying conviction or sentence under Section 138 of the Negotiable Instruments Act. Non-compliance with this deposit requirement results in the automatic vacation of the stay or suspension, and the conviction or sentence is executed. While some discretion exists regarding costs or additional payments, the core deposit condition is fundamental and non-negotiable for maintaining the benefit of stay during appellate proceedings.
References: - NAZEER vs RAMADAS AND ANOTHER - Kerala - Mangla Prasad Singh VS State Of U. P. Thru. Prin. Secy. Home Lko. - Allahabad - Deepak Kumar VS State of Haryana - Punjab and Haryana - M.N.PURUSHOTHAMAN vs LEELA VARGHESE @ LEELAMMA VARGHESE - Kerala - Bisal Dutta S/o. Lt. Kalyan Dutta vs State Of Assam - Gauhati - Satya Ranjan Saha VS Biplab Debnath - Tripura
Search Results for "Payment of Deposite is Mandatory for Staying Conviction Order in 138 Case"
2008 Supreme(Online)(KER) 50860 • India - High Court of Kerala
R.BASANT, J
He appealed against the conviction and sought suspension of the sentence but was required to deposit Rs.15,000 as a condition for ... regarding conditions for staying execution, emphasizing the balance between the rights of the accused and the enforcement of law ... Fact of the Case: The petitioner is found guilty, convicted and sentenced in a prosecution under Sec.138 of the Negotiable Instruments Act. ... The learned Sessions Judge, by the impugned order, directed suspension of exec....
2024 0 Supreme(All) 576 • India - Allahabad
SHAMIM AHMED
The petitioner filed a Statutory Appeal in the Appellate Court and also moved an application for staying the operation of the impugned ... highlighted the purpose of the amendment to provide speedy disposal of cases relating to dishonour of cheques and emphasized the mandatory ... Ratio Decidendi: The court interpreted Section 148 of the Negotiable Instruments Act, emphasizing the mandatory ... Section 148 of The Negotiable Instruments Act 1881, which has been inserted in the Act through Negotiable Instruments (Amendment) Act, 2018 (Act ....
2023 0 Supreme(P&H) 2063 • India - Punjab and Haryana
HARSH BUNGER
(Paras 9, 10) ... ... Facts of the case: ... The petitioner is appealing a conviction under the ... Act is mandatory, and non-compliance to the condition of deposit leads to automatic vacation of the suspension of sentence. ... (A) Negotiable Instruments Act, 1881 - Section 138 and 148 - Suspension of sentence made conditional upon deposit of 20% of compensation ... Power of Appellate Court to order payment pending appeal against convict....
2013 Supreme(Online)(KER) 45373 • India - High Court of Kerala
B.KEMAL PASHA, J
mandatory compensation payment. ... Negligence - Conviction - Negotiable Instruments Act - Sections 138, 357(3) - The court upheld the conviction under Section 138 ... Final Decision: The petitioner's conviction is upheld with a modified sentence of imprisonment until the court's rising and ... According to the learned counsel for the petitioner, the first respondent has failed to prove even prima facie materials required to be proved in a case rela....
2023 Supreme(Online)(KER) 1930 • India - High Court of Kerala
P. G. Ajithkumar, J
Settled - Criminal Conviction - Negotiable Instruments Act, 1881 (N.I. ... Act and exempt the accused from payment of compounding costs. ... Fact of the Case: The petitioner was convicted for an offence under Section 138 of the N.I. ... Pratheek Jain [(2014) 10 SCC 690], wherein it was held that payment of costs for compounding of an offence under Section 138 of the N.I.Act is not mandatory in every case, but only discretionary, seeks to waive the....
2022 0 Supreme(Kar) 140 • India - Karnataka
M.NAGAPRASANNA
Sessions Judge while directing suspension of sentence and staying conviction ordered deposit of 10% of amount determined by the ... of conviction and suspension of sentence even if complaints were filed prior to the amendment - Section 143A which directs payment ... - Criminal Procedure Code,1973 - Sections 200 and 389 - Appeal against conviction – Dishonor of cheque - Seeking suspension of sentence ... Power of appellate court to order payment pendi....
2024 0 Supreme(All) 1018 • India - Allahabad
ABDUL MOIN
The applicant argued that no cheque had been issued, and thus, there was no basis for his conviction under Section 138 of the Negotiable ... minimum deposit of 20% of the fine imposed by the trial court as a condition for staying the sentence. ... him to deposit 20% of the total fine imposed by the trial court as a precondition for staying his sentence. ... Power of Appellate Court to order payment pending appeal against conviction:....
2025 0 Supreme(Gau) 597 • India - IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
filed against conviction and sentence under Section 138 of the N.I. ... period, as the complaint was filed after the mandatory 15 days from receipt of the notice. ... notice issued was valid despite specifying 7 days instead of 15 days for payment. ... Act is defective, in view of the fact that time for re-payment given in the said notice was 7 (seven) days instead of the mandatory 15 (fifteen) days. 6. Per contra, Mr. S.C. ... Therefore, considering all aspects the convict Bishal Dutt....
2021 0 Supreme(Tri) 147 • India - Tripura
S. TALAPATRA
Section 138 of the Act, the Court is required to be prima facie satisfied that a case under the said Section is made out and the aforenoted mandatory statutory procedural requirements have been complied with. ... Hence, the judgment of conviction and the consequential order of sentence have been set aside by the Sessions Judge. It has been observed by the appellate court as follows: Section 138 of the NI Act. As consequence of such conviction, the accused has been s....
2015 0 Supreme(Chh) 242 • India - Chhattisgarh
SANJAY K.AGRAWAL
Act cases are meant to ensure payment of money and threat of jail is only to ensure recovery and as such, imposition of jail sentence ... Meel Bai would submit that conviction recorded and sentence awarded by both the Courts below are absolutely illegal in view of fact ... It is stated at bar that the applicant has deposited an amount of Rs. 1,37,500/- incompliance of this Court order dated 22/04/2013 ... The conviction of the applicant for offence under Section 138 of the N.I. ... The....
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