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1 - 9 of 9 (0.32 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
The Provincial Insolvency Act, 1920
B. Kannan vs B.C. Santhanam on 3 February, 1999
6. The learned counsel for the petitioner submits that the
earlier application filed by the respondent no.2 invoked only the
provisions of Section 29 of the Provincial Insolvency Act, 1920
as a ground for seeking waiver of the deposit under Section 148
of the NI Act. Placing reliance on the judgment of the Madras
High Court in B. Kannan v. B.C. Santhanam, 1999 CRI.L.J.
2236, he submits that the Provincial Insolvency Act, 1920 does
Signature Not Verified
Digitally Signed CRL.M.C. 4562/2024 Page 5 of 9
By:SUNIL
Signing Date:31.05.2024
16:21:51
not in any manner bar the penal action against the accused for
the offence already committed under Section 138 of the NI Act.
He submits that as far as the additional grounds are concerned,
they were only taken in the second application, which is not
maintainable in law and was based on grounds and documents,
which were not a part of the record of the learned Metropolitan
Magistrate. He submits that in the garb of application under
Section 148 of the NI Act, the grounds of the appeal itself
cannot be decided.
Jamboo Bhandari vs M.P. State Industrial Development ... on 4 September, 2023
9. The Supreme Court in its judgment in Jamboo Bhandari
v. M.P. State Industrial Development Corporation ltd. & Ors.,
Signature Not Verified
Digitally Signed CRL.M.C. 4562/2024 Page 6 of 9
By:SUNIL
Signing Date:31.05.2024
16:21:51
2023 SCC OnLine SC 1144, has held that the Appellate Court,
in exceptional circumstances, where it is satisfied that the
imposition of condition of deposit of 20% of the compensation
amount on the accused/appellant will be unjust or would
amount to deprivation of the right to appeal, can exempt the
accused/appellant from making such deposit.
The Code of Criminal Procedure, 1973
Section 29 in The Provincial Insolvency Act, 1920 [Entire Act]
Puneet Saluja vs State & Anr on 26 April, 2023
4. In the said appeal, the learned Appellate Court, vide an
order dated 20.01.2020, directed the respondent no.2 to deposit
a sum of Rs.1,20,00,000/-, that is, 20% of the compensation
amount, within one month from the date of the said order. The
respondent no.2 challenged the said order by way of a petition
before this Court, being CRL.M.C. 766/2020, titled Puneet
Saluja v. State & Anr. This Court by its order dated 03.01.2024
disposed of the said challenge by, inter alia, observing and
directing as under:-
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