Madras High Court
K.Rajasekar vs G.Kannan on 19 July, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 19.07.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.RC(MD)No.396 of 2021
K.Rajasekar : Petitioner/Petitioner/
Appellant/Accused
Vs.
G.Kannan : Respondent/Respondent/
Respondent/Complainant
Prayer: Criminal Revision filed under section 397 r/w 401
of the Code of the Criminal Procedure, against the order, dated
27.04.2021 passed by the Principal Sessions Judge, Virudhunagar
District at Srivilliputhur, in Crl.M.P No.1089 of 2021 in C.A No.58
of 2021 imposing a condition upon the petitioner to deposit a sum
of Rs.2,00,000/- before the trial court on or before 15.06.2021 to
suspend the sentence imposed by the Judicial Magistrate,
Aruppukottai, in CC No.138 of 2021, dated 26.03.2021.
For Petitioner : Mr.T.Lenin Kumar
For Respondent : Mr.M.Jothi Basu
ORDER
This Criminal Revision is filed against the condition
imposed on the petitioner in the impugned order to the effect that
the petitioner shall pay 20% of the compensation amount, for
granting suspension of sentence, before the Judicial Magistrate,
https://www.mhc.tn.gov.in/judis/
Aruppukottai, passed by the learned Principal District and Sessions
Judge, Virudhunagar District at Srivilliputtur, in Cr.M.P.No.1089 of
2021 in C.A No.58 of 2021, dated 27.04.2021 against the CC No.
138 of 2013 on the file of the learned Judicial Magistrate,
Aruppukottai, dated 26.03.2021.
2.The petitioner was convicted by the Judicial Magistrate,
Aruppukottai and sentenced him to undergo SI for the period of
one year and to pay a compensation to the tune of Rs.10,00,000/- to
the complainant within a period of two weeks from the date of
judgment, in default whereof to undergo further period of SI for
two months for the offence under section 138 of the Negotiable
Instruments Act. Against which, the petitioner filed petition seeking
suspension of sentence against the conviction and sentence passed
by the Judicial Magistrate, Aruppukottai in CC No.138 of 2013 by
judgment, dated 26.03.2021. Being aggrieved by the condition
imposed in the order, the petitioner is before this court.
3.Heard the learned counsel appearing on either side and
perused the materials available on record.
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4.The main contention of the petitioner is that as per
section 389 of the Criminal Procedure Code, at the time of passing
order of suspension, the condition imposed on the petitioner to
deposit the amount is against rule of law, but the first appellate
court imposed the condition on passing the suspension order to
deposit 20% of the amount, which is not correct and prays for
allowing the criminal revision by setting aside the above condition.
5.Per contra, on the side of the respondent, it is argued
that as per section 148 of the Negotiable Instruments Act, while
passing suspension of sentence, some amount has to be deposited
as conditional order.
6.At this juncture, it is necessary to refer section 148 of
the Negotiable Instruments Act, which would run thus:-
“148.Power of Appellate Court to
order payment pending appeal against
conviction-(1)Notwithstanding anything
contained in the Code Criminal Procedure,
1973 (2 of 1974), in an appeal by the drawer
against conviction under section 138, the
Appellate Court may order the appellant to
https://www.mhc.tn.gov.in/judis/
deposit such sum which shall be a minimum
of twenty per cent, of the fine or
compensation awarded by the trial court.
(2)...
(3)...
7.On coming to the instant case on hand, the first
appellate court, while granting suspension of sentence, has rightly
imposed condition to the effect that the petitioner shall deposit 20%
of the compensation amount before the learned Judicial Magistrate,
Aruppukottai. This court finds no error in the order of the court
below.
8.In the result, this Criminal Revision is dismissed. Since
the time granted to comply with the condition expired on
15.06.2021, the petitioner is directed to deposit a sum of Rs.
2,00,000/- before the trial court, within a period of two weeks from
the date of receipt of a copy of this order. On such compliance, the
respondent is permitted to withdraw the entire amount.
Consequently, connected Miscellaneous Petition is closed.
19.07.2021
Index:Yes/No
Internet:Yes/No
er
https://www.mhc.tn.gov.in/judis/
T.KRISHNAVALLI,J
er
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for
official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the
advocate/litigant concerned.
To,
1.The Principal District and Sessions Judge,
Virudunagar District @ Srivilliputtur.
2.The Judicial Magistrate,
Aruppukottai.
Crl.RC(MD)No.396 of 2021
19.07.2021
https://www.mhc.tn.gov.in/judis/
