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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.
Madras High Court Cites 6 - Cited by 9 - M K Vinayagam - Full Document

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.
Supreme Court of India Cites 5 - Cited by 10 - A Oka - Full Document

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:-
Delhi High Court - Orders Cites 0 - Cited by 0 - S K Sharma - Full Document
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