Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
For the reasons stated above questions framed above are answered as below:-
(i) The signatory of the cheque, authorized by the "Company", is not the drawer in terms of section 143A of the NI Act and cannot be directed to pay interim compensation under section 143A.
(ii) In an appeal under section 148 of NI Act filed by persons other than "drawer" against the conviction under section 138 of the NI Act, a deposit of a minimum sum of 20% of the fine or compensation is not necessary.
However, in an appeal filed by persons other than "drawer" against the conviction under section 138 of the NI Act such power to direct deposit of compensation is available with the Appellate Court while suspending sentence under section 389 of code of criminal procedure. {Para 51}
IN THE HIGH COURT OF BOMBAY
Criminal Application No. 886 of 2022,
Decided On: 08.03.2023
Lyka Labs Limited and Ors. Vs. The State of Maharashtra and Ors.
Hon'ble Judges/Coram:
Amit B. Borkar, J.
Citation: MANU/MH/0799/2023,2023 Lawweb (Bom HC ) 19.
