Madras High Court
N.Kumar vs A.Ashokkumar on 7 September, 2022
Crl.O.P.No.34564 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.09.2022
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.O.P.No.34564 of 2019
N.Kumar .. Petitioner
Vs.
A.Ashokkumar ..Respondent
PRAYER : Criminal Original Petition has been filed under section 482 of
Criminal Procedure Code to pass an order to modify the condition imposed
by the Principal Sessions Judge of Kancheepuram District at Chengalpattu
in Crl.M.P.No.6592 of 2019 in Crl.A.No.88 of 2019 dated 18.11.2019 in
conviction and sentence imposed by the Judicial Magistrate, Fast Track
Court (Magisterial Level), Alandur in C.C.No.60/2017 dated 17.10.2019.
For Petitioner : Mr.K.Selvam Sounder
For Respondent : K.Manimaran
ORDER
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Crl.O.P.No.34564 of 2019
Heard the learned counsel for the petitioner and the learned
counsel for the respondent.
2. The petitioner herein found guilty of offence under
Section 138 of Negotiable Instruments Act for not honouring the cheque
drawn in favour of the respondent for a sum of Rs.5,00,000/-. The trial
Court sentenced the petitioner / accused to undergo one year Simple
Imprisonment and pay a sum of Rs.5,00,000/-, the cheque amount as
compensation within 30 days, in default to undergo 30 days Simple
Imprisonment.
3. Aggrieved by the said conviction and sentence passed
by the trial Court, the petitioner has filed appeal before the Principal
Sessions Court, Kancheepuram, in C.A.No.88 of 2019 and sought for
suspension of sentence imposed on him in C.C.No.60 of 2017 dated
17.10.2019, the lower appellate Court on considering the merits of the
case suspended the sentence of imprisonment alone on condition to
execute a bond for a sum of Rs.10,000/- with two sureties like sum and
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Crl.O.P.No.34564 of 2019
deposit a sum of Rs.1,00,000/- i.e., 20% of the compensation amount
before the trial Court within a period of 30 days. The present petition is
filed challenging the condition imposed for suspending the sentence.
4. The learned counsel for the petitioner contended that
there is no enforceable debt and the entire sale consideration of the
purchase was paid. Therefore, the trial Court judgment of conviction and
sentence is erroneous. While so, the appellate Court ought not to have
imposed conditional order to deposit 20% of the cheque amount for
suspending the sentence.
5. This Court is unable to accept the said submission
since the statute under Section 143A of the Negotiable Instruments Act, in
the way of amendment in the year 2019 has enabled the Court to direct the
accused to deposit upto 20% of the cheque amount to protect the interest
of the complainant and also to avoid protraction of proceedings by
frivolous defence. While so, in this case, after holding the accused guilty
by the trial Court, the condition for suspension of sentence has been
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Crl.O.P.No.34564 of 2019
imposed by the lower appellate Court which is reasonable and logic. The
lower appellate Court in fact has not permitted the complainant to
withdraw the money. It is only to direct the accused to deposit 20% of
money. This shows the bonafide in contesting the appeal.
6. Hence, the Criminal Original Petition is dismissed.
Time to deposit a sum of Rs.1,00,000/- as pre condition for suspending the
sentence is extended upto 21.09.2022, failing which, the trial Court can
proceed to secure the accused.
07.09.2022
Internet : Yes/No
Index: Yes/No
rpl
To
1.The Principal Sessions Judge of Kancheepuram District at Chengalpattu.
2.The Judicial Magistrate, Fast Track Court (Magisterial Level), Alandur.
Dr.G.JAYACHANDRAN, J.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.34564 of 2019
rpl
Crl.O.P.No.34564 of 2019
07.09.2022
https://www.mhc.tn.gov.in/judis
