Cheque bounce case -- Provision for deposit of 20% in Appeal -- Provision of Section 148 of the Act shall govern all the appeals pending on date of enforcement of this provision or filed thereafter.

(P&H HC) Decided on: 04.04.2019

Cheque bounce case -- Provision for deposit of 20% in Appeal -- Provisions for recovery of fine or compensation from the appellant/convict already existed in the existing procedure relating to the recovery, therefore, the provision introduced vide Section 148 of the Act; which relates only to recovery of amount partly, as interim measure, has to be treated purely procedural only, which is otherwise also beneficial for the appellant as compared to the pre-existing provisions -- Hence it has to be held that provision of Section 148 of the Act shall govern all the appeals pending on date of enforcement of this provision or filed thereafter.

(P&H HC) Decided on: 04.04.2019

Cheque bounce case -- Suspension of sentence -- Accused was sentenced to undergo R.I. for a period of 1 year and compensation for amount of cheques in question – Accused preferred an appeal -- Suspension of sentence given, with a direction to accused-appellant to deposit 1/3rd of the compensation amount – Accused is aggrieved by such condition – Held, no merit in the revision petition, rather the same is not maintainable -- Appellate Court is justified in imposing any term or condition while suspending the sentence of the accused-appellant, rather the Appellate Court showed indulgence to the accused appellant by asking him to deposit 1/3rd of the compensation only, instead of the complete one -- No illegality or infirmity in the impugned order, which might have called for interference.

(P&H HC) Decided on: 28.07.2017

Cheque bounce case -- Suspension of sentence by Appellate Court – When notice in the appeal has already been issued, the Appellate Court should have normally passed the order for suspension of sentence as the prayer to that effect was not declined -- Direction issued to the Appellate Court to pass specific order on the prayer for suspension of sentence.

(P&H HC) Decided on: 27.04.2015