Madras High Court
Rupa.R vs M/S. Sree Gokulam Chit & on 3 January, 2022
CRL.O.P.No.25571 of 2021 and batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.Nos.25571, 25574, 25576 & 25579 of 2021
and
Crl.M.P.Nos.14161, 14162, 14165 & 14166 of 2021
Rupa.R ... Petitioner in all Crl.O.Ps
Vs
M/s. Sree Gokulam Chit &
Finance Co (Pvt) Ltd.,
Represented by its Manager/Authorized Officer,
A.Selvaraj,
No.66, Old No.356, Arcot road,
Kodambakkam, Chennai – 600 024. ... Respondent in all Crl.O.Ps
COMMON PRAYER: Criminal Original Petitions filed under Section
482 of the Code of Criminal Procedure, to set aside the order passed in
Crl.M.P.Nos.4732, 4735, 4734 & 4733 of 2021 in Crl.Appeal Nos.76, 79,
78 & 77 of 2021 respectively, vide order dated on 07.12.2021 on the file
of Principal District Judge, Thiruvallur now transferred and pending
before III Additional District & Sessions Judge, Poonamallee, and grant
the petitioner herein the Statutory period for deposit as per Sec.148(2) of
the Negotiable Instruments (Amendment) Act, 2018.
In all Crl.O.Ps
For Petitioner : Mr.L.K.Manjunath
in all Crl.O.Ps
Page No.1 of 4
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.25571 of 2021 and batch
COMMON ORDER
These Criminal Original Petitions have been filed to set aside the
order passed in Crl.M.P.Nos.4732, 4735, 4734 & 4733 of 2021 in
Crl.Appeal Nos.76, 79, 78 & 77 of 2021 respectively, vide order dated
07.12.2021, on the file of Principal District and Sessions Judge,
Tiruvallur, now transferred and pending before III Additional District &
Sessions Judge, Poonamallee, and grant the petitioner herein the
Statutory period for deposit as per section 148(2) of the Negotiable
Instruments (Amendment) Act, 2018.
2. The grievance of the petitioner is that the petitioner who is the
accused under Section 138 N.I. Act against the case filed by the
respondent in STC Nos.210, 213, 212 & 211 of 2016, on the file of the
Judicial Magistrate, Fast Track Court, (Magistrate Level), Ambattur, was
convicted by the trial Court, by judgment dated 29.09.2021, against
which, the petitioner had filed appeals in Crl.Appeal Nos.76, 79, 78 & 77
of 2021 and filed suspension of sentence petitions in Crl.M.P.Nos.4732,
4735, 4734 & 4733 of 2021. The lower Court, by order dated
Page No.2 of 4
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.25571 of 2021 and batch
07.12.2021, in Crl.M.P.Nos.4732, 4735, 4734 & 4733 of 2021,
suspended the sentence of the petitioner with a condition that the
petitioner to deposit the 20% of the compensation amount before the trial
Court to the credit of STC Nos.210, 213, 212 & 211 of 2016,
respectively, within a period of one month. The contention of the
petitioner is that this is in violation of the statutory period of two months
provided under Section 148 (2) of the Negotiable Instruments
(Amendment) Act. The learned counsel for the petitioner submits that
the petitioner may be given the statutory period and also the extended
period to deposit the 20% of the compensation amount. The learned
counsel for the petitioner further submits that the petitioner, who is a
Home maker, has become victim due to the family circumstances and the
condition is an onerous one and it would not be possible for her to
mobilise such huge amount.
3. For the purpose of clarity, Section 148(2) of the Negotiable
Instruments (Amendment) Act is extracted hereunder:
M.NIRMAL KUMAR, J.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.25571 of 2021 and batch
sli
'148. (2) The amount referred to in sub-section
(1) shall be deposited within sixty days from the date
of the order, or within such further period not
exceeding thirty days as may be directed by the Court
on sufficient cause being shown by the appellant'.
It is seen that as per Section 148(2) of the Negotiable Instruments
(Amendment) Act, sixty days time limit is given. Further, it can be
extended by thirty days on sufficient cause being shown. In view of the
same, the petitioner is granted a period of two months to deposit the 20%
of the compensation amount i.e. on or before 07.03.2022. It is made
clear that no more extension of time will be granted for any reason.
4. Accordingly, these criminal original petitions are disposed of.
Consequently, connected miscellaneous petitions are closed.
03.01.2022
Index: Yes/No
Internet: Yes/No
sli
CRL.O.P.Nos.25571, 25574, 25576 & 25579 of 2021
and
Crl.M.P.Nos.14161, 14162, 14165 & 14166 of 2021
https://www.mhc.tn.gov.in/judis
