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    <title>2020 (5) TMI 313 - ALLAHABAD HIGH COURT</title>
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    <description>A revision challenging conviction and sentence was not maintainable where the statutory appeal was already pending, because the appeal was the proper forum to reassess evidence and test the trial court&#039;s findings. The amended Section 148 of the Negotiable Instruments Act was held applicable to pending appeals arising from complaints filed before the amendment, on the basis that the provision is procedural and meant to reduce delay in cheque dishonour matters. Its non obstante clause was treated as overriding Section 357(2) CrPC during the appeal, so the appellate court could require deposit of 30% of the fine or compensation as a condition for suspension of sentence.</description>
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      <description>A revision challenging conviction and sentence was not maintainable where the statutory appeal was already pending, because the appeal was the proper forum to reassess evidence and test the trial court&#039;s findings. The amended Section 148 of the Negotiable Instruments Act was held applicable to pending appeals arising from complaints filed before the amendment, on the basis that the provision is procedural and meant to reduce delay in cheque dishonour matters. Its non obstante clause was treated as overriding Section 357(2) CrPC during the appeal, so the appellate court could require deposit of 30% of the fine or compensation as a condition for suspension of sentence.</description>
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