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TMI Blog2024 (6) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... king the deposit of the 20% as required u/s 148 of the NI Act. Therefore, no fault can be found in the respondent no. 2 filing an additional application and in the learned Appellate Court considering the same while passing the Impugned Order. At the same time, the additional documents and plea that have been taken by the respondent no. 2 will be confined only for the purpose of the said application and shall have no effect or be considered at the time of the adjudication of the appeal that is pending adjudication before the learned Appellate Court. The application filed by respondent no. 2 seeking to place additional documents on record shall be determined by the learned Appellate Court on its own merits without being influenced by the adjudication of the application u/s 148 of the NI Act filed by respondent no. 2 or the present order. In any event, the learned Appellate Court has given cogent reasons in the Impugned Order for granting exemption to the respondent no. 2 from making the deposit. This Court is not sitting in Appellate jurisdiction to such order. The power of the learned Appellate Court being discretionary in nature, and such discretion having been exercised on valid a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the impugned order and the judicial precedents, this Court is of the opinion that the present case be remanded back to the learned Sessions Court/Appellate Court for deciding afresh, as to whether the three exceptional circumstances being raised by the petitioner herein fall within the category of exceptional circumstances so as to warrant waiver of condition to deposit 20% of fine amount during the pendency of appeal against conviction under Section 138 of NI Act. The petitioner shall also be at liberty to bring any other exceptional circumstance to the notice of the learned Sessions Court. 18. It is directed that the learned Sessions Court/Appellate Court shall decide the issue in question within a period of two months from date of receipt of this order, after hearing arguments from both the parties. It is also clarified that the issue shall be decided on its on merits as per law, and without being influenced by any of the observations made in this judgment. 5. The respondent no. 2 then filed a further application under Section 148 of the NI Act, seeking waiver of deposit of the amount of 20% of the compensation amount. The said application has now been allowed by the Impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant, exception can be made for the reasons specifically recorded.' Therefore, in exceptional circumstances, the court can waive the 20% condition u/s 148 NI Act and in this matter, it is not a disputed fact that the appellant is suffering from multiple Sclerosis and getting treatment from Apollo hospital. It is also not a disputed fact that no ITR of the appellant is on record after the assessment year of 2010-11 in which the loss of Rs 10,66,82,746/- was shown and income of the appellant was zero. Even the respondent has not brought on record any of the property or bank account in the name of appellant having amount. The transaction in question was insured by New India Assurance Company and for recovery of the amount, the petitioner has filed two petitions before NCDRC. Accordingly, in view of the above-mentioned facts, the case of appellant falls within exceptional circumstance as normally business transaction is not covered by insurance and purpose of insurance is to secure the amount. Moreover, the appellant has zero income as per assessment year 2010-11 and neurological disorder of the appellant adds to the exceptional circumstance, therefore, the 20% of compensation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , can exempt the accused/appellant from making such deposit. 10. In the present case, by an order dated 20.01.2020, the learned Appellate Court had directed the respondent no. 2 to make deposit of the 20% of the compensation amount. This order had been challenged by the respondent no. 2 by way of a petition before this Court. This Court considering the submissions made before it, had remanded the matter back to the learned Appellate Court for taking a fresh decision and allowed the respondent no. 2 to raise additional grounds in support of her application before the learned Appellate Court. Thereafter, the Respondent no. 2 filed a fresh application only to bring the additional grounds to the notice of the learned Appellate Court, for seeking exemption from making the deposit of the 20% as required under Section 148 of the NI Act. Therefore, no fault can be found in the respondent no. 2 filing an additional application and in the learned Appellate Court considering the same while passing the Impugned Order. 11. At the same time, the additional documents and plea that have been taken by the respondent no. 2 will be confined only for the purpose of the said application and shall have ..... X X X X Extracts X X X X X X X X Extracts X X X X
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