2026 (6) TMI 1215

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....urt No.13, City Civil and Sessions Court, Ahmedabad below Exhibit 8 in Criminal Appeal No.100 of 2026 whereby a prayer was made to consider the provision of Section 357(5) of the Code of Criminal Procedure, 1973 (referred to in short as 'Cr.P.C.') and to give concession to the applicant in connection with the order dated 02.02.2025 in the Criminal Appeal by the learned Sessions Judge below Exhibits 4 and 5. 2. Learned advocate for the applicant Mr. Rushabh R. Jain has submitted that the impugned order has made reference that the leave of defence and the copy of the order of the Co-ordinate Bench of this Court has not been produced. Learned advocate further submitted that the learned Judge was required to call for the documents from the a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Gandhi reported in 2019 (11) SCC 341. Paragraph 20 of the said decision reads as under:- "20. Even sub-section (1) of Section 148 uses the word "may". In the case of Surinder Singh Deswal v. Virender Gandhi reported in (2019) 11 SCC 341, this Court, after considering the provisions of Section 148, held that the word "may" used therein will have to be generally construed as "rule" or "shall". It was further observed that when the Appellate Court decides not to direct the deposit by the accused, it must record the reasons. After considering the said decision in the case of Surinder Singh Deswal, this Court, in the case of Jamboo Bhandari v. Madhya Pradesh State Industrial Development Corporation Limited & Ors., in paragraph 6, held t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....deration. 27.3.2. A direction to pay interim compensation can be issued, only if the complainant makes out a prima facie case. 27.3.3. If the defence of the accused is found to be prima facie plausible, the Court may exercise discretion in refusing to grant interim compensation. 27.3.4. If the Court concludes that a case is made out to grant interim compensation, it will also have to apply its mind to the quantum of interim compensation to be granted. While doing so, the Court will have to consider several factors such as the nature of the transaction, the relationship, if any, between the accused and the complainant, etc. 27.3.5. There could be several other relevant factors in the peculiar facts of a gi....