Section 389 CRPC NI ACT Section 138 Dishonour of cheque While recognizing the power to stay conviction or compensation,

Section 389 CRPC NI ACT  Section 138 Dishonour of cheque While recognizing the power to stay conviction or compensation, have cautioned and clarified that such power should be exercised only in exceptional circumstances where failure to stay the conviction, would lead to injustice and irreversible consequences. In the present case, the husband of the applicant died, who was the sole earning member of the family and financial condition of the applicant is very weak. The applicant does not have any source of income. Therefore, in such situation, the applicant is not in a position to deposit 20% of compensation amount. Since the appeal of the applicant has been admitted for final hearing and she was released on bail and the applicant is hopeful of succeeding in the appeal, it is justifiable to keep the amount of penalty in abeyance till disposal of appeal Having regard to the facts and circumstances of the case, the amount of penalty/fine imposed by the Appellate Court order shall be kept in abeyance till the disposal of the appeal. It is further directed that the Appellate Court may decide the appeal, in accordance with law, preferably within a period of four months from the date of production of a certified copy of this order, if there is no other legal impediment

MANJU vs STATE AUS482/8481/20 04/03/20 [ Manju JJ ]

[ ALLAHABAD HIGH COURT ]