why two time charge for deposite of money or scuriety for appeal?

Question

a person go to appeal against of lower court judgement. the session court give stay after deposite the 25% on judgement amount.session court judgement came same then appealant go to high court and high court give stay after deposite the some part of amount of lower court judgement amount. but appealant is same . if appealant not deposite the amount the court not proceed the stay. why twi times deposite the fund from appealant till appeal?

Answer 1

The deposit of some part of the amount decreed by the trail court during the stage of appeal & stay on this decree is a regular practice, in certain cases a bank guarantee of the total amount decreed by the trail court can also be ordered by the appellant court, for that the appellant has to deposit the same amount in his bank or must maintain a minimum balance of that amount or the said amount is kept as fixed amount in the bank that the appellant cannot withdraw unless the court orders for vacating such an order for bank guarantee. This whole process of getting a part of the total amount or getting a bank guarantee is done to protect the legal right of the defendant or the other party during the appeal stage against the appellant. This process of part amount deposit or bank guarantee will continue till the last stage of appeal has been exhausted by the parties to any suit or proceedings.

Answer 2

unfortunately your question is lack of proper details. from your statements it seems that you have suffered conviction for the offence punishable under section 138 of NI Act. On appeal to the Session Court, presently the Courts are insisting part of compensation/cheque amount to be deposited for bail. If the accused fail in appellate Court/Sessions Court, he has to approach the High Court under Revisional Jurisdiction. Normally the High Court won't ask further deposit of amount for granting bail.

if the matter relates to civil decree, the litigant does not have any absolute right for second appeal before the High Court. it seems that High Court is not satisfied with grounds, but granted conditional stay.

Answer 3

this judiciary is in dire need of complete overhaul.