Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount - Petitioner has placed on record material indicating circumstances beyond his control which ex facie render him unable to deposit 20% of compensation amount, particularly in view of his advanced age and medical condition, duly..........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Appeal against conviction - Appellate Court in an appeal against conviction u/s 138 of the Act, could not place a condition to deposit an amount invoking the power u/s 148(1) of the Act, mechanically without considering whether the case falls within exceptional circumstances...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal against conviction subject to condition to deposit 20% of fine amount - Petitioner seems to be in financial distress - Looking at the financial condition of petitioner, directing him to deposit 20% of..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Waiver of condition to deposit 20% of fine amount - Merely on the sole ground that accused have a good case of acquittal in appeal is not sufficient to exempt accused from depositing 20% of fine amount as imposed by trial Court as per S.148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Waiver of condition to deposit 20% of fine amount - Merely on the sole ground that accused have a good case of acquittal in appeal is not sufficient to exempt accused from depositing 20% of fine amount as imposed by trial Court as per S.148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount within a period of 30 days - Appellate Court is under mandate to allow a period of 60 days for depositing amount as required u/s 148(1) of the Act - Impugned order set aside to the extent that accused was afforded only a period..........
Negotiable Instruments Act, 1881, Section 138, 148, 143A -- Dishonour of cheque - Power of appellate Court to order payment pending appeal against conviction - Appellate Court ordered to deposit 20% of compensation for suspending execution of sentence of imprisonment - Said order held, unreasonable - Quantum of deposit 20% of cheque amount modified to 5%...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of fine amount - Provision u/s 148 of the Act requiring accused to deposit 20% of amount of fine in an appeal against conviction is mandatory in nature, as expression `may' as contained in said provision be read as `shall'...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount - Merely stating that accused is a poor lady would not exempt her from making said deposit - Moreover, nothing on record prima facie to show that accused is a poor lady - No interference warranted in impugned order of directing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Grant of bail subject to condition to deposit 50% of fine amount - Failure to comply with the order - Appeal cannot be dismissed on this ground - Appellate Court can cancel bail - Impugned order, dismissing appeal, set aside...........
