In Prabodh K. Mehta v. Charuben K. Mehta, while deciding the issue that whether conviction of an Indian by a foreign Court for the offence committed in that country can be taken notice of by the Courts or authorities in India while exercising their judicial and/or quasijudicial powers; and whether such a conviction would be binding on the Courts and authorities in India while exercising their judicial and/or quasijudicial powers, the three-Judge Bench of Bombay High Court, answered the former question in affirmative, and while addressing the latter issue, the Bench observed that the Courts and authorities, while exercising their judicial and quasijudicial powers will have to take a call on the facts and circumstances of each case and take a decision as to the effect of such a judgment and order of conviction.
In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there
Comments
Post a Comment