Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (9) TMI 378 - HC - Indian LawsDishonor of Cheque - cheque was issued for discharge of a debt or a liability or not - rebuttal of presumption - acquittal of the accused - Section 148 of the Negotiable Instruments Act - HELD THAT:- Prima facie it appears that the accused had taken no steps to discharge his liability. The appellate Court, therefore, ought to have insisted on the accused depositing at least 20% of the amount of fine imposed by the Magistrate. Under the circumstances, the respondent No.1 is directed to deposit a sum of ₹ 2,00,000/- before the Sessions Court within sixty days from today. Upon such deposit the amount shall be released in favour of the appellant which release shall be subject to the order that may be passed in terms of proviso to sub-section (3) of Section 148 of the Negotiable Instruments Act if the accused is acquitted by the Sessions Court. The observations made in this order are only prima facie in nature and for the purpose of dealing with the request of the petitioner for depositing the amount under Section 148 of the Negotiable Instruments Act and the Sessions Court shall decide the appeal of the accused unmindful of any of these observations. Such appeal shall be taken up for hearing only after the amount is deposited by the accused as provided in this order. Petition disposed off.
|