G.Aruloli vs K.Mani
2021 Latest Caselaw 21342 Mad

                                                                                     Crl.R.C.No.668 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     Dated : 26.10.2021

                                                             CORAM:

                                  THE HONOURABLE MR. JUSTICE P.VELMURUGAN

                                                   Crl.R.C.No.668 of 2021

                  G.Aruloli                                                      ...Petitioner
                                                              Vs.

                  K.Mani                                                         ...Respondent

                             Criminal Revisions filed under Section 397 and 401 of Code of Criminal
                  Procedure against the order dated 22.01.2021 passed by the learned Prinicipal
                  Sessions Judge, Vellore in Cr.M.P.No.1427 of 2020 in C.A.No.23 of 2019.


                                          For Petitioner :     Mr.K.Subburam

                                                             ORDER

This Criminal Revision Case has been filed against the order dated

22.01.2021 passed in Crl.M.P.No.1427 of 2020 in C.A.No.23 of 2019 by the

learned Principal Sessions Judge, Vellore.

2.The petitioner is the accused and the respondent is the complainant. The

respondent/complainant filed a complaint against the petitioner under Section

138 of Negotiable Instruments Act [hereinafter referred to as 'N.I.Act' for the

https://www.mhc.tn.gov.in/judis Crl.R.C.No.668 of 2021

sake of convenience] before the learned Judicial Magistrate, Fast Track Court,

Vellore in C.C.No.127 of 2016. After due enquiry, the learned Magistrate found

guilty of the petitioner/accused for the aforesaid offence and by an order dated

06.02.2019 convicted and sentenced him to undergo simple imprisonment for a

period of one year and to pay a compensation of Rs.7,00,000/- together with

interest at the rate of 6% interest per annum. Challenging the said conviction and

sentence, the petitioner preferred an appeal in Crl.A.No.23 of 2019 before the

learned Principal Sessions Judge, Vellore. During the pendecy of the appeal, the

respondent/complainant filed a petition in Crl.M.P.No.1427 of 2020 seeking a

direction to direct the petitioner herein to deposit 20% of the compensation

amount, which was allowed by the learned Sessions Judge on 22.01.2021.

Challenging the said order, the petitioner has come forward with the present

revision.

3.The learned counsel for the petitioner would submit that there is no

mandatory provision to deposit 20% of the compensation amount, pending

appeal. The learned Principal Sessions Judge wrongly interrupted the provisions

under Section 148 of Negotiable Instrument Act and directed the petitioner

herein to deposit 20% of the compensation amount ordered by the trial Court

https://www.mhc.tn.gov.in/judis Crl.R.C.No.668 of 2021

within 60 days of receipt of the order and on such deposit, permitted the

respondent to withdraw the same. He would further submit that the petitioner

herein aggrieved over the judgment of conviction and sentence, preferred appeal

Crl.A.No.23 of 2019. After advancing the arguments in the appeal, the

respondent herein filed the miscellaneous petition only to drag on the

proceedings of the said appeal. The Lower Appellate Court as a fact finding

Court should have heard the appeal on merits and give its findings

independently, instead of that passed the order in the miscellaneous petition,

which warrants interference of this Court.

4.Though the matter is in the admission list, heard the learned counsel for

the petitioner and dispose of the matter on merits.

5.Admittedly, this Court finds that as against miscellaneous petition, no

revision would lie. Even assuming that if revision would lie, as per the amended

provisions under Section 148 of Negotiable Instruments Act, which has been

amended by the Amendment Act No.20/2018 and came into force w.e.f

01.09.2018, if the trial Court convicted the accused and ordered compensation

and though he preferred the appeal, the Appellate Court may exercise its

https://www.mhc.tn.gov.in/judis Crl.R.C.No.668 of 2021

discretionary power and order the accused to deposit interim compensation,

which is not less than 20% of the compensation amount ordered by the trial

Court

6.Considering the facts and circumstances and as per the amended

provisions under Section 148 of N.I.Act, this Court does not find any

arbitrariness in exercising the discretionary power of the Appellate Court. The

Appellate Court has stated that there is a mandatory provisions to deposit 20%

of the compensation amount and the petitioner would not be prejudiced by the

same. Therefore, considering the scope of amendment in the year 2018, this

Court does not find any perversity in the order passed by the Court below and

hence, the Criminal Revision Case is liable to be dismissed. Accordingly, the

Criminal Revision Case is dismissed at the admission stage itself.

26.10.2021

Index : Yes/No Speaking Order/Non Speaking Order ms/pbl

https://www.mhc.tn.gov.in/judis Crl.R.C.No.668 of 2021

To

The Prinicipal Sessions Judge, Vellore.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.668 of 2021

P.VELMURUGAN, J.

ms/pbl

Crl.R.C.No.668 of 2021

26.10.2021

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