TaxTMI 
TaxTMI 
2026 (9) TMI 539
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....waiver of the condition of the plea deposit as per Section 148 of the Negotiable Instrument Act, 1881 and directing that the appeal be admitted subject to the condition that the appellant deposits 20% of the final amount before the learned trial Court as security deposit within 17.08.2024. 2. Vide the impugned order the learned Chief Judge, City Sessions Court, Calcutta while taking up the matter for hearing of the appeal relied upon SCC OnLine Bom 560 wherein the Hon'ble Court held as follows:- "Whether a deposit of a minimum sum of 20% of the fine or compensation is necessary under Section 148 of NI Act in an appeal filed by the persons other than "drawer" against the conviction and sentence under Section 138 of the NI Act. In....
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....plication filed by the original complainant or even on the application filed by the appellant accused u/s. 389 CrPC to suspend the sentence. Moreover this Court finds that there are sufficient ground to proceed with the appeal. In view of the judgement of the Hon'ble Apex Court in the case of Surinder Singh Deswal - Vs - Virender Gandhi, the appeal is admitted subject to the condition that the appellant be directed to deposit 20% of the fine amount before the Ld. Trail Court as security deposit within 17.08.2024. I am of the view that whether the appellant is the drawer of the cheque or not or whether the appellant was responsible for the day to day affairs of the company has already been decided by the Ld. Trial Court and....
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....used number 2 has not denied his signatures on the cheque in question at the stage of notice framed u/s 251, Cr.P.C. and examination u/s 1313, Cr.P.C. All the accused persons have pleaded that they are innocent during their examination under Section 313 Cr.P.C." Admittedly the petitioner herein is not the accuse no. 2. 5. It appears that it is the accused no. 2 who is the signatory of the cheque and is thus the drawer of the cheque on behalf of the company. The petitioner herein being the accused no. 3 admittedly, did not sign the cheque on behalf of the company though he was a Director and has now appeared as petitioner as erstwhile Director M/s. D.S. Metal Pvt. Ltd. 6. It further appears from the petition of complaint that the pr....
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....e a minimum of twenty percent of the fine or compensation awarded by the trial Court: Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under Section 143-A. (2) The amount referred to in sub-section (1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant. (3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal: Provided that if the appellant is acquitted, the Court shall direct the compl....