9911796707
TMI Blog2025 (1) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... cumstances, the Appellate Court may be justified in imposing the condition of deposit, as provided in Section 148 of the N.I. Act, and only in those cases, where imposing the condition of deposit is unjust or which may deprive the accused/appellant to pursue his appeal, an exception can be drawn by deviating from the normal procedure. In such view of the matter, this Court is of the firm opinion that the Case Law relied upon by learned counsel for the applicant in the case of Ashok Kumar is not applicable in the facts and circumstances of the present case. Conclusion - The Court finds that no special circumstance exists in the present case, and the condition of deposit of 20% compensation will neither be unjust nor it will amount to depriva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resented for encashment, it was returned with remark the account has already been closed . Thereafter, the applicant underwent trial and after following the process of law, learned third Additional Chief Judicial Magistrate, Dehradun, vide judgment and order dated 08.11.2024, convicted the applicant under Section 138 of NI Act and sentenced him to one year s simple imprisonment with fine of Rs.26,00,000/-, with default stipulation of two months additional simple imprisonment. Against this order, an appeal was filed and the impugned order dated 02.12.2024 was passed by the learned Sessions Judge, Dehradun. 4. It is further contended by learned counsel for the applicant that the Appellate Court vide order dated 02.12.2024 directed the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Court on sufficient cause being shown by the complainant. 5. It is also submitted by learned counsel for the applicant that the word may used under Section 148 of the N.I. Act makes it a non-mandatory provision. He also relied upon the Judgment rendered by Hon ble Supreme Court in SLP (Crl.) No.11906 of 2022 dated 24.11.2023 (Ashok Kumar Vs. State of Uttarakhand and Another), whereby, the Hon ble Supreme Court has observed as under: .During the course of submissions learned counsel for the appellant drew our attention to a recent judgment of this Court in the case of Jamboo Bhandari Vs. M.P. State Industrial Development Corp. Ltd. reported in (2023) SCC OnLine SC 1144 dated 04.09.2023 and particularly to Paragraph 6 of the said judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gment rendered on 24.11.2023, this Court is of the considered view that in normal circumstances, the Appellate Court may be justified in imposing the condition of deposit, as provided in Section 148 of the N.I. Act, and only in those cases, where imposing the condition of deposit is unjust or which may deprive the accused/appellant to pursue his appeal, an exception can be drawn by deviating from the normal procedure. In such view of the matter, this Court is of the firm opinion that the Case Law relied upon by learned counsel for the applicant in the case of Ashok Kumar (Supra) is not applicable in the facts and circumstances of the present case. 7. In view of the foregoing reasons, this Court is not inclined to interfere in the matter. Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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