Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (12) TMI 1076 - HC - Indian LawsDishonor of Cheque - It is contended by the petitioner's counsel that as per section 148 of the Negotiable Instruments Act, which came into force on 01.09.2018, by virtue of the Amendment Act 20 of 2018, the appellate court is competent to direct the petitioner only to deposit such sum which shall be a minimum of 20% of the fine or compensation awarded by the trial court - section 148 of the Negotiable Instruments Act - HELD THAT:- On a reading of section 148 of the Negotiable Instruments Act, it is evident that pending appeal, the appellate court is competent to direct the appellant/accused to deposit such sum which shall be a minimum of 20% of the fine or compensation awarded by the trial court. In such view of the matter, the impugned order passed by the Court below directing the petitioner/accused to deposit 20% of the cheque amount is found to be erroneous and liable to be setaside, particularly when the petitioner/accused has been directed by the trial court to pay only a fine of ₹ 10,000/- alone and also to undergo simple imprisonment for one year. The impugned order is set aside - Petition disposed off.
|