
In a significant ruling that impacts cheque bounce cases across Haryana, Justice Sumeet Goel has reinforced the mandatory nature of Section 148 of the Negotiable Instruments Act, 1881. The court emphasized that appellants must deposit 20% of the compensation amount unless they can prove truly exceptional circumstances, setting a clear precedent for future cases.
Financial Hardship Not an Exception
The case originated from an October 2024 order where an Additional Sessions Judge suspended a convict's sentence conditional on depositing 20% of the compensation within two months. The petitioner's plea for exemption based on financial difficulties was firmly rejected, with the court stating that such circumstances alone don't qualify as exceptional grounds for waiver.
Protection of Complainants' Rights
Justice Goel highlighted the legislative intent behind Section 148, explaining that the mandatory deposit requirement serves to expedite justice and protect complainants from prolonged litigation hardships. The ruling establishes a balance between ensuring appeal rights and preventing frivolous appeals that could delay justice for complainants.