9911796707
TMI Blog2023 (8) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 138 of the NI Act was preferred before the trial Court. The trial Court directed payment of compensation of Rs.7,00,000/- and in default to suffer simple imprisonment for a period of 7 months. There was a delay of 118 days in preferring the appeal. The Appellate Court, in paragraph 3 of the order dated 22.5.2023 recorded that the cause of the respondent/accused for condoning the delay is supported by the medical certificate which shows that the respondent/accused was advised three months rest from 15.10.2022 to 15.01.2023 - there are no reason to interfere with the view taken by the Appellate Court in condoning the delay of 118 days in preferring the appeal on behalf of the respondent/accused. The Order dated 22.5.2023 is sustained. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iling the appeal. 3. The cheque was issued by the respondent/accused to the applicant/complainant for an amount of Rs.7,00,000/- which came to be dishonoured. The complaint under Section 138 of the NI Act was preferred before the trial Court. The trial Court directed payment of compensation of Rs.7,00,000/- and in default to suffer simple imprisonment for a period of 7 months. There was a delay of 118 days in preferring the appeal. The Appellate Court, in paragraph 3 of the order dated 22.5.2023 recorded that the cause of the respondent/accused for condoning the delay is supported by the medical certificate which shows that the respondent/accused was advised three months rest from 15.10.2022 to 15.01.2023. 4. I do not find any reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal: Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant.] 7. It is thus seen that the Appellate Court is empowered to make an order directing the respondent/accused to deposit such an amount which shall be a minimum of 20% of the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
