Deposit Of Minimum 20% Fine/Compensation U/s 148 NI Act Mandatory, Holds Kerala HC [Read Judgment]

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15 Aug 2019 8:19 PM IST

  • Deposit Of Minimum 20% Fine/Compensation U/s 148 NI Act Mandatory, Holds Kerala HC [Read Judgment]

    "The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions."

    The Kerala High Court has held that there is no scope for exercise of discretion in Section 148 of the Negotiable Instruments Act which empowers the Appellate Court to direct the accused/appellant to 'deposit' minimum of 20% of 'fine' or 'compensation' awarded by the Trial Court. Justice Mary Joseph observed that the provision, introduced by 2018 amendment, impose a minimum of 20% and...

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