Madras High Court
The Branch Head vs P.Rajendran on 6 January, 2021
Crl.O.P.No.19628 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2021
CORAM
THE HON'BLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.No.19628 of 2020
The Branch Head,
IDBI Bank,
Neelamangalam Branch,
Kallakurichi Taluk,
Villupuram District. ... Petitioner.
Vs.
P.Rajendran,
S/o.Ponnusamy ... Respondent.
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to call
for the records in Crl.M.P.No.1841 of 2020 in C.A.No.17 of 2020 on the file
of the learned Principal Sessions Judge, Villupuram, and set aside the
impugned order dated 03.03.2020 passed by the learned Principal Sessions
Judge, Villupuram, in Crl.M.P.No.1841 of 2020 in C.A.No.17 of 2020.
For Petitioners : Mr.Ramalingam
For Respondent : No appearance.
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Crl.O.P.No.19628 of 2020
ORDER
This petition has been filed challenging the order passed by the Court
below in the Suspension of Sentence Petition filed by the respondent
without directing the respondent to deposit the amount as provided under
Section 148 of the Negotiable Instruments Act, 1881 (hereinafter called as
the Act).
2.The respondent, who underwent trial for an offence under Section
138 of the Act, was convicted and sentenced by the trial Court through
judgment dated 28.08.2019. The trial Court had directed the respondent to
pay the entire cheque amount as compensation to the petitioner under
Section 357(3) of Code of Criminal Procedure. Aggrieved by the same,the
respondent had filed an appeal before the Principal Sessions Court,
Villupuram, and had also sought for suspension of sentence. The appellate
Court while suspending the sentence, did not impose the condition as
mandated under Section 148 of the Act. Aggrieved by the same, the present
petition has been filed before this Court.
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Crl.O.P.No.19628 of 2020
3.The respondent has been served with notice and his name has also
been printed in the cause list and there is no representation either in person
or through counsel.
4.The learned counsel for the petitioner heavily relied upon the
language used under Section 148 of the Act and also the judgment of the
Hon'ble Supreme Court in the case of Surinder Singh Deswal Vs. Virender
Gandhi reported in (2019) 11 SCC 341 and submitted that the Court below
ought to have directed the respondent to deposit a minimum of 20% of the
cheque amount and this should have been made as a condition precedent for
suspension of sentence. The learned counsel submitted that it is the duty of
the Court below to impose such a condition and on such deposit, the
petitioner will be entitled to withdraw the amount under Section 148(3) of
the Act.
5.This Court finds a lot of force in the submission made by the
learned counsel for the petitioner. The Court below completely lost sight of
the mandate imposed under Section 148 of the Act which was brought in as
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Crl.O.P.No.19628 of 2020
an amendment in the year 2018 in order to ensure that the accused person
who is convicted for the offence is made to deposit some amount for the
purpose of contesting the appeal. This provision has been upheld by the
Hon'ble Supreme Court and the scope of the said provision has been dealt in
detail in the judgment referred supra. The Hon'ble Supreme Court has gone
to the extent of holding that this provision will apply even to those
complaints which were filed prior to the amendment that took place in the
year 2018. Useful reference can be made to the judgment of the Hon'ble
Supreme Court in the case of Surinder Singh Deswal @ Col.S.S.Deswal
and others Vs. Virender Gandhi reported in (2020) 2 Law Weekly 981.
6.In view of the above discussion, there shall be a direction to the
respondent to deposit 25% of the cheque amount before the trial Court in
C.C.No.66 of 2018, within a period of 60 days from today. It is made clear
that if such deposit is not made by the respondent, the suspension of
sentence granted by the appellate Court will stand automatically canceled.
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Crl.O.P.No.19628 of 2020
7.This Criminal Original Petition is accordingly allowed with the
above directions.
06.01.2021
Note:Upload order copy by 18.01.2021.
Speaking order/Non-Speaking order
Index :Yes/No
Internet:Yes/No
rm
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Crl.O.P.No.19628 of 2020
N.ANAND VENKATESH, J.,
rm
Crl.O.P.No.19628 of 2020
06.01.2021
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