Conviction in Cheque bounce case -- Suspension of sentence -- Non-deposit of 20% compensation within 60 days -- Lower Appellate Court directed to take necessary steps to hear the appeal and dispose off the same in the given time.

(P&H HC) Decided on: 15.03.2022

Conviction u/s 138 NI Act – One year RI and Rs.60 lacs as compensation – Appeal – Suspension of sentence with pre-condition of deposit of 20% of cheque amount given as compensation – Court proceeded to modify the impugned order, through a direction to deposit 10% amount of the disputed cheque amount, before the learned trial Court concerned.

(P&H HC) Decided on: 11.02.2022

Settling the dispute through mediation – Courts before which appeals against judgments in complaints u/s 138 of the Act are pending should be directed to make an effort to settle the disputes through mediation.

(SC) Decided on: 16.04.2021

Cheque bounce case – Pre-condition of deposit of 20% of amount of fine or compensation – Interpretation of -- Section 374 Cr.P.C. does not prescribe any condition for admission of an appeal – Deposit of 20% amount under no circumstances can be interpreted to be a condition pre-requisite for availing the right of appeal.

(P&H HC) Decided on: 15.12.2020

Appeal against acquittal -- Deposit of 25% of the amount of Compensation – Direction of -- Power of -- Amended Section 148 of the N.I. Act confers power upon the Appellate Court to pass an order pending appeal to direct the Appellant-accused to deposit the sum which shall not be less than 20% of the fine or compensation either on an application filed by the original complainant or even on the application filed by the Appellant-accused u/s 389 of the Cr.P.C. to suspend the sentence irrespective of the provisions of Section 357(2) of the Cr.P.C..

(SC) Decided on: 29.05.2019