Jammu & Kashmir High Court Directs Construction of Overhead Bridge or Underpass on Ring Road for Safe Passage of Villagers Minor Injuries No Bar for Framing Charges Under Section 307 IPC if Intent to Kill is Present: Supreme Court Prosecution's Case Full of Glaring Doubts:  Supreme Court Overturns Conviction in Abduction and Murder Case Allegations of Dowry Demand in FIR Found Vague and Driven by Civil Property Dispute: Supreme Court Quashes FIR and Chargesheet in Dowry-Cruelty Case Local Police Failed to Perform its Duties: SC Directs New Investigating Officer in Property Dispute Properties Acquired By Gift During Marriage Remain Separate Property Of Spouse Under French Civil Code; Husband Entitled To Half Share Only In Community Assets: Madras High Court Abuse Of Process: Supreme Court Dismisses Plea Against Closure Of Human Trafficking Complaint, Flags Lack Of Bona Fides Access To Justice Cannot Be Denied When Tribunal Is Not Functioning': Calcutta High Court Holds Writ Maintainable Under Article 226 Amid Stalled Conciliation Proceedings Violation Of Natural Justice Overrides Bar On Maintainability Under Section 18 MSMED Act: Orissa High Court Panic In A Train Does Not Mean Self-Destruction: Punjab & Haryana High Court Grants ₹8 Lakh Compensation For Passenger's Death In Stampede Section 101 JJ Act | Date Of Knowledge Of Order, Not Mere Knowledge Of Disposal, Commences Limitation Period: Delhi High Court Telangana High Court Quashes Order Declaring Inam Land As Govt Property Without Determining Occupancy Rights Proviso To Section 125(3) CrPC Does Not Limit Enforcement Of Monetary Relief Orders Under Section 20 DV Act: Telangana High Court Regularization Of Deviation Within Permissible Plot Envelope Governed By Uniform Fee Schedule, Arbitrary 5X Penalty Unsustainable: J&K&L High Court Man Who Blackmailed Woman With Her Own Nude Photos To Rape Her Repeatedly Can't Escape Conviction Merely Because His Voice Sample Wasn't Taken: Delhi High Court Arbitration Clause In Sale Agreement Cannot Be Invoked If Subject Matter Involves Third-Party Title Disputes: Madhya Pradesh High Court Trial Court Errs In Dismissing Amendment Plea If New Facts Emerge From Written Statement: Punjab & Haryana High Court 'No Compensation For Own Wrong': Gujarat High Court Rules Tortfeasors & Legal Heirs Cannot Claim Motor Accident Damages Under Section 166 MV Act Allahabad High Court Pulls Up Police And Magistrates Over Illegal Remand Of Juvenile Accused Section 13(1)(ia) & (ib) Hindu Marriage Act | Spouse Seeking Divorce On Grounds Of Cruelty And Desertion Must Prove Allegations With Cogent Evidence: Telangana High Court Cannot Let Land Become Banjar: Punjab & Haryana High Court Upholds Appointment Of Receiver Under BNSS Amidst Pending Civil Title Disputes Section 8 Arbitration Act | Executing Court Must Refer Parties To Arbitration If Dispute Falls Within Scope Of Compromise Decree: Madhya Pradesh High Court Suit For Damages Arising Out Of Tortious Injury Barred By Limitation If Not Filed Within One Year: Punjab & Haryana High Court 72-Hour Gap Not Proximate: Calcutta High Court Quashes Murder Conviction, Holds 'Last Seen' Theory Inapplicable When Time Gap Is Wide Original Owner Cannot Create Trust Over Property Already Sold; Separate Relief For Title Declaration Not Required: Madras High Court

U/S 138 N.I. Act: Deposit Compensation Not an Absolute Rule in Cheque Bounce Cases: Punjab and Haryana High Court

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the Punjab and Haryana High Court has set aside an order from the Moga Sessions Court in the case of Chamkaur Singh vs. The Moga Central Co-Op. Bank Ltd. This landmark decision underscores the flexibility in the legal requirement to deposit 20% of compensation in cheque dishonor cases under Section 138 of the Negotiable Instruments Act, 1881.

Hon’ble Mr. Justice Deepak Gupta, presiding over the case, emphasized, “Deposit of minimum 20% amount is not an absolute rule, not accommodating any exception.” This observation came in the context of a revision petition filed by Chamkaur Singh, challenging the appellate court’s order mandating the deposit of 20% of the compensation amount awarded by the trial court.

The case, marked under CRR-2600-2023, initially saw the petitioner convicted and sentenced to rigorous imprisonment, along with a directive to pay a substantial compensation amount. The appellate court, while suspending the sentence under Section 389 CrPC, had ordered Singh to deposit 20% of the compensation, citing the precedent set by the Supreme Court in Surinder Singh Deshwal @ Col. S.S. Deswal and others Vs. Virender Gandhi and another.

Chamkaur Singh, claiming financial hardship due to losses incurred during the Covid period, appealed for an exemption from this deposit. His plea was supported by a reference to another Supreme Court judgment in Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd. And others, which allows for exceptions in cases with extraordinary circumstances.

Justice Gupta’s ruling highlighted that while the appellate court is generally justified in imposing the condition of deposit as per Section 148 of the NI Act, it must also consider if the imposition of such a condition would be unjust or amount to deprivation of the right of appeal. The High Court directed that the case be remanded back to the appellate court for reconsideration, specifically focusing on whether the petitioner’s circumstances warrant an exemption from the deposit requirement.

Bench: Hon’ble Mr. Justice Deepak Gupta

CHAMKAUR SINGH VS The Moga Central Co-Op. Bank Ltd. 

Latest Legal News