Mr.Abdul Rahim vs Mr.Shahul Hameed
2021 Latest Caselaw 2137 Mad

Citation : 2021 Latest Caselaw 2137 Mad
Judgement Date : 1 February, 2021

Madras High Court

Mr.Abdul Rahim vs Mr.Shahul Hameed on 1 February, 2021

                                                                                    Crl.O.P.No..1420 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 01.02.2021

                                                           CORAM

                         THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                    Crl.O.P.No.1420 of 2021

                Mr.Abdul Rahim
                S/o.M.M.Kasim                                                 ... Petitioner

                                                             Vs.

                Mr.Shahul Hameed
                S/o.M.M.Kasim                                                 ... Respondent

                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to set
                aside the order passed in Crl.M.P.No.28361 of 2019 in C.A.No.443 of 2019
                dated 02.01.2020 in respect of the compensation of 20% to be deposited out of
                the cheque amount of Rs.87.00 lakh to the respondent.


                                   For Petitioner            : Mr.K.M.Subramaniam

                                                       ORDER

This petition has been filed challenging the order passed by the Court

below imposing a condition while suspending the sentence of the petitioner, to

deposit 20% of the cheque amount to the credit of the calender case within a

period of 60 days from the date of the order.

https://www.mhc.tn.gov.in/judis/

Crl.O.P.No..1420 of 2021

2. The respondent filed a complaint against the petitioner for offence

under Section 138 of the Negotiable Instruments Act. The trial Court, on

appreciation of the oral and documentary evidence, convicted the petitioner by

judgment dated 02.12.2019 and sentenced the petitioner to undergo one year

simple imprisonment and also directed the petitioner to pay Rs.87,00,000/- as

compensation to the respondent within a period of one month and in default to

undergo three months simple imprisonment.

3. Aggrieved by the above judgment, the petitioner filed an appeal before

the learned Principal Sessions Judge, Chennai in CA.No.443 of 2019. Along

with the appeal, the petitioner also filed a petition for suspension of sentence.

The Appellate Court, on going through the materials placed before it, suspended

the sentence by an order dated 02.01.2020 by imposing certain conditions. One

of the condition imposed by the Court below was that the petitioner should

deposit 20% of the cheque amount within a period of 20 days from the date of

order. The petitioner is aggrieved by the condition imposed by the Court below

and hence, the present petition has been filed before this Court.

4. Heard Mr.K.M.Subramaniam, learned counsel for the petitioner. https://www.mhc.tn.gov.in/judis/

Crl.O.P.No..1420 of 2021

5. In the considered view of this Court, after coming into force of Section

148 of Negotiable Instruments Act, the Appellate Court has been given the

powers to impose a condition of depositing the compensation amount. The

Hon'ble Supreme Court in Surinder Singh Deswal and others Vs. Virender

Gandhi reported in 2020 (2) LW 981 has categorically held that such a

condition can be imposed even insofar as complaints that were filed prior to the

amendment which brought into force section 148 of Negotiable Instruments

Act. The Hon'ble Supreme Court has discussed in detail the object behind

bringing the amendment.

6. In the considered view of this Court, there is absolutely no illegality or

infirmity in the condition imposed by the Court below and the Court below was

perfectly justified in imposing the condition under Section 138 of Negotiable

Instruments Act. This Court does not find any ground to interfere with the

condition imposed by the Court below.

7. Taking into consideration the facts and circumstances of the case and

also the grievance expressed by the petitioner that he is facing financial

constraints, there shall be a direction to the petitioner to deposit 20% of the

compensation amount within a period of four weeks from today before the Fast https://www.mhc.tn.gov.in/judis/ Track Court-II (Metropolitan Magistrate), Egmore, Chennai in CC.No.2080 of

Crl.O.P.No..1420 of 2021

2016. If the petitioner fails to deposit the amount, the suspension of sentence

granted by the Court below in Crl.MP.No.28361 of 2019, dated 2.1.2020 shall

stand automatically cancelled and the trial Court shall thereafter issue a Non-

bailable Warrant to secure the petitioner in order to undergo the sentence.

8. If the petitioner complies with the order passed by this Court within the

time limit fixed by this Court, the Court below is directed to complete the

proceedings in C.A.No.443 of 2019 within a period of three months from the

date of receipt of a copy of this order.

9. This Criminal Original Petition is disposed of with the above

directions.

01.02.2021