VidhiSangh

Supreme Court of India · 18/12/2024

MUSKAN ENTERPRISES & ANR. versus THE STATE OF PUNJAB & ANR.

[2024] 12 S.C.R. 1273 · 2024 INSC 1046

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Summary

The Supreme Court held that a second petition under Section 482 CrPC is maintainable despite withdrawal of the first without leave where there is a change in circumstances such as a change in law, since res judicata and Order XXIII Rule 1(3) CPC do not apply to criminal proceedings. It also held that Section 148 of the NI Act leaves the appellate court a limited discretion not to order any deposit in exceptional cases for recorded reasons, but any deposit ordered must be at least 20%.

Issues

  1. Whether a subsequent petition under Section 482 CrPC is barred because the earlier petition on the same subject was withdrawn without liberty to file afresh.
  2. Whether Section 148(1) of the Negotiable Instruments Act, 1881 obliges the appellate court in every case to order deposit of at least 20% of the fine or compensation, or leaves it a discretion not to order any deposit.

Provisions considered

Held

Result

Appeal allowed to the extent indicated; High Court order dated 18.05.2024 and Sessions Court order dated 17.10.2022 (directing deposit of 20% of the compensation) set aside; matter remitted to the Sessions Court to re-examine, at its discretion, whether any deposit should be ordered in light of Jamboo Bhandari and these observations; all points left open.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 1273.