LAWS(HPH)-2022-12-150

SARDAR SARVJEET SINGH Vs. JANAK RAJ KHZANCHI

Decided On December 23, 2022
Sardar Sarvjeet Singh Appellant
V/S
Janak Raj Khzanchi Respondents

JUDGEMENT

(1.) one for the respondent despite service.

(2.) By way of instant petition, the petitioner has assailed the impugned order dtd. 16/11/2022 passed in Cr.MA. No. 578 of 2022 (in Cr. Appeal no. 124 of 2022) by the learned Additional Sessions Judge-2, Una, District Una, H.P., only on the ground that the same is in violation of mandate of Sec. 148 of the Negotiable Instruments Act.

(3.) Sec. 148 of the Negotiable Instruments Act provides that in an appeal filed against the conviction under Sec. 138 of the Negotiable Instrument Act, the Appellate Court my order the appellant to deposit such sum which shall be a minimum of twenty per cent of the fine or compensation awarded by the trial Court with proviso that the amount so payable shall be in addition to interim compensation paid by the appellant under Sec. 143-A. It further provides that the amount referred to in sub-sec. (1) shall be deposited within 60 days from the date of 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.