Section 148 NI Act | Deposit Of 20% Amount Is Not An Absolute Rule, Says Supreme Court

The Supreme Court observed that deposit of minimum 20% amount under Section 148 of Negotiable Instruments Act as a condition to suspend sentence is not an absolute rule. When a Appellate Court considers the prayer under Section 389 Cr.P.C. of an accused who has been convicted for offence under Section 138 of the Negotiable Instruments Act, it can consider whether it is an exceptional case which warrants grant of suspension of sentence without imposing the condition of deposit of 20% of the fine/compensation amount, the Court observed.
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[@vishwa7637]

Section 148 of NI Act should be implemented seriously and mandatorily to avoid escape from liability under cheque. Now a days SC viewing the cases very liberally rather than seriously. As a result, victim should suffer further more because of such liberal view and accused take undue benefit out of such liberal view. As a result, justice to the victim further delayed. It us nothing but adding salt to pain.

[@daaliyahkhan5418]

Flourish beyond Skies. Amazing content

[@madhugrm_55]

Unfortunate that even to get 20% of the amount the complainant has to knock on the doors of the SC. Even after knocking, the HC has been directed to look into the case, afresh. It may again take min of 5 years.
The litigants may hv to spend their entire life perhaps to get the amount or even their legal heirs.
It's because of inordinate delay the common man is losing confidence in our justice system.
In my two cases one involving Rs.4L, the complaint losing interest n in another case of Rs.20L, the complainant lost interest n didn't pursue further.
Common experience says timeline to be fixed n each case must hv limitation to appeal say in such cases HCs to be the last stage for appeal n not SC.
SC should hear only constitutonal issues.

[@nileshjoshi99]

TH-cam has been flooded with various cases and legal practices. Your forte is daily updates, please continue the good work.

[@k.purushotham7913]

Good explanation

[@manjegowdakk7011]

Nice

[@pradeepsn9292]

Please take up the consumer court judgements on contract act and RBI guidelines on auction procedure and observation of consumer court or civil court.

[@Squirrelgillu]

Please discuss such judgments on our core law subjects taught in law colleges and also asked in competitive exams more frequently

[@mesrinivasane]

No use for this case. Court will not give the judgement before spending the all the money and you will never get the amount. Time waste case in court

[@shyamchaudhary636]

It is not left to the discretion of judge whether to levy 20% compensation under section 148. Supreme Court judgement is erred

[@pankajdabas9700]

Very nyc

[@advocategajendrakumardhanb1738]

Kindly keep updating sister but please in Hindi by which every practioner may understand easily

[@spoorthisiddharth4982]

On electronic evidence pls

[@cuties729]

Yes videos on evidence act imp section like 32,9 etc

[@saniyabenazir1829]

This video has been helpful cause I'm already working on the same case. Also I have a doubt if someone holds your property documents without your consent, what action can be taken?

[@mesrinivasane]

How many years cheque bounced case will take ?

[@sahiduahmed9172]

Can you please share the cause title of the case

[@lalitdave9735]

Verdict please

[@ajazbhat88]

Can you plz share the Judgment....

[@AnwarAkhtar]

Need to know legal opinion incase where Devlooers and Builders run financial ponzi schemes of lucrative interest rate of return for heavy investment and later on stop paying and responding?