Ni act

venkatesh darasi (Querist) 07 November 2011 This query is : Resolved
IN 138 0F NI ACT,WE GOT A ODER AGAINST THE ACCUSED PERSON ,BUT ACCUSED FILED AN APPEAL IN SESSIONS COURT AND GOT STAY AGAINST ORDER PASSED BY THE JMFC COURT,WITH OUT MAKING ANY PATMENT.IS THERE ANY RULINGS IN FAVOUR OF US

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Raj Kumar Makkad (Expert) 07 November 2011
There is no requirement to first pay amount and then file an appeal. Stay is in operation only up to pending appeal.

ajay sethi (Expert) 07 November 2011
no such rulings . stay has been granted pending hearing and finl disposal of appeal .

Shailesh Kr. Shah (Expert) 07 November 2011
I have no information about ruling.

prabhakar singh (Expert) 07 November 2011
Filing appeal is right of accused which lays no condition precedent that appeal could be filed only after deposit as it is not a civil money decree misconceived by you.

The appeal lies here without any condition and the stay is the natural out come of appeal which court granted under its discretion so you can NOT find any case law that security from accused was required before filing appeal or before grant of
stay.

Advocate Bhartesh goyal (Expert) 07 November 2011
Recently Rajasthan High Court held in S.B. Criminal Misc.Petition no.334 of 2010 Praveen Bansal vs State of Rajasthan,that"No where required in the NI Act to ask the accused to deposite the half of amount of fine imposed by the trial court"
similar view was expressed by Rajasthan High Court in citation 2010{2} Civil Court Cases 620 Amarveer Singh vs State of Rajasthan referring the citation 2007{6} SCC 528 Dilip.S.Dhanukar vs Kotak Mahendra Co.Ltd

Shonee Kapoor (Expert) 08 November 2011
YOu can not curtail the right of the accused, if the law allows it.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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