Crl.O.P.No.34564 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.09.2022
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.O.P.No.34564 of 2019
N.Kumar .. Petitioner
Vs.
A.Ashokkumar ..Respondent
PRAYER : Criminal Original Petition has been filed under section 482 of
Criminal Procedure Code to pass an order to modify the condition imposed
by the Principal Sessions Judge of Kancheepuram District at Chengalpattu
in Crl.M.P.No.6592 of 2019 in Crl.A.No.88 of 2019 dated 18.11.2019 in
conviction and sentence imposed by the Judicial Magistrate, Fast Track
Court (Magisterial Level), Alandur in C.C.No.60/2017 dated 17.10.2019.
For Petitioner : Mr.K.Selvam Sounder
For Respondent : K.Manimaran
ORDER
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https://www.mhc.tn.gov.in/judis Crl.O.P.No.34564 of 2019 Heard the learned counsel for the petitioner and the learned counsel for the respondent.
2. The petitioner herein found guilty of offence under Section 138 of Negotiable Instruments Act for not honouring the cheque drawn in favour of the respondent for a sum of Rs.5,00,000/-. The trial Court sentenced the petitioner / accused to undergo one year Simple Imprisonment and pay a sum of Rs.5,00,000/-, the cheque amount as compensation within 30 days, in default to undergo 30 days Simple Imprisonment.
3. Aggrieved by the said conviction and sentence passed by the trial Court, the petitioner has filed appeal before the Principal Sessions Court, Kancheepuram, in C.A.No.88 of 2019 and sought for suspension of sentence imposed on him in C.C.No.60 of 2017 dated 17.10.2019, the lower appellate Court on considering the merits of the case suspended the sentence of imprisonment alone on condition to execute a bond for a sum of Rs.10,000/- with two sureties like sum and 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.34564 of 2019 deposit a sum of Rs.1,00,000/- i.e., 20% of the compensation amount before the trial Court within a period of 30 days. The present petition is filed challenging the condition imposed for suspending the sentence.
4. The learned counsel for the petitioner contended that there is no enforceable debt and the entire sale consideration of the purchase was paid. Therefore, the trial Court judgment of conviction and sentence is erroneous. While so, the appellate Court ought not to have imposed conditional order to deposit 20% of the cheque amount for suspending the sentence.
5. This Court is unable to accept the said submission since the statute under Section 143A of the Negotiable Instruments Act, in the way of amendment in the year 2019 has enabled the Court to direct the accused to deposit upto 20% of the cheque amount to protect the interest of the complainant and also to avoid protraction of proceedings by frivolous defence. While so, in this case, after holding the accused guilty by the trial Court, the condition for suspension of sentence has been 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.34564 of 2019 imposed by the lower appellate Court which is reasonable and logic. The lower appellate Court in fact has not permitted the complainant to withdraw the money. It is only to direct the accused to deposit 20% of money. This shows the bonafide in contesting the appeal.
6. Hence, the Criminal Original Petition is dismissed. Time to deposit a sum of Rs.1,00,000/- as pre condition for suspending the sentence is extended upto 21.09.2022, failing which, the trial Court can proceed to secure the accused.
07.09.2022 Internet : Yes/No Index: Yes/No rpl To
1.The Principal Sessions Judge of Kancheepuram District at Chengalpattu.
2.The Judicial Magistrate, Fast Track Court (Magisterial Level), Alandur.
Dr.G.JAYACHANDRAN, J.
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