Madras High Court
P.Eswaran vs T.M.Muralidharan on 10 April, 2023
Crl.O.P..No.7565 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.04.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.7565 of 2023
P.Eswaran ... Petitioner
Vs.
T.M.Muralidharan ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
to set aside the conditional order (i) that 20 percentage of the cheque amount
(less if any of the amount paid under S 143A of NI Act) is ordered to de
deposited before the trial court by the petitioner / appellant / accused in terms
of S.148 of N.I. Act within a period of 30 days from the date of this order
failing which this Order of suspension of execution of sentence of the said
imprisonment shall stand vacated automatically passed in C.M.P.No.673/2023
in CA.No.58/2023 dated 16.02.2023 on the file of the Principal District and
Sessions Judge Erode.
For Petitioner : Mr.M.Mariappan
For Respondent : No appearance
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Crl.O.P..No.7565 of 2023
ORDER
This Criminal Original Petition has been filed to set aside the
conditional order (i) that 20 percentage of the cheque amount (less if any of
the amount paid under S 143A of NI Act) is ordered to de deposited before the
trial court by the petitioner / appellant / accused in terms of S.148 of N.I. Act
within a period of 30 days from the date of this order failing which this Order
of suspension of execution of sentence of the said imprisonment shall stand
vacated automatically passed in C.M.P.No.673/2023 in CA.No.58/2023 dated
16.02.2023 on the file of the Principal District and Sessions Judge Erode.
2. The learned counsel for the petitioner submitted that petitioner was
convicted and sentenced by learned Judicial Magistrate, Fast Track Court
No.II, Erode, under Section 138 of Negotiable Instruments Act. Petitioner was
sentenced to undergo three months simple imprisonment and directed to pay
the cheque amount of Rs.8,00,000/- as compensation to the respondent.
Petitioner filed appeal against the said judgment in Crl.A.No.58 of 2023 on
the file of the learned Principal District and Sessions Judge, Erode. The
learned Principal District and Sessions Judge, Erode, suspended the sentence
with following conditions:-
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Crl.O.P..No.7565 of 2023
a)the execution of sentence of imprisonment in STC
No.518 of 2018 dated 09.01.2023 on the file of the Court of
Judicial Magistrate, Fast Track Court No.II, Erode, is
suspended till the appeal is disposed of, with the following
conditions,
i)that 20% of the cheque amount (less if any of the
amount paid under Section 143 A of NI Act) is ordered to be
deposited before the trial Court by the
petitioner/appellant/accused in terms of Section 148 of
Negotiable Instruments Act within a period of 30 days from the
date of this order, failing which this order of suspension of
execution of sentence of the said imprisonment shall stand
vacated automatically and
ii)that the petitioner/appellant/accused, within 15 days
from the date of such deposit of 20% of the cheque amount, has
to execute a bond for a sum of Rs.10,000/- with two sureties for
the like sum each to the satisfaction of the learned Judicial
Magistrate, Fast Track Court No.II, Erode, and
b)the learned Judicial Magistrate, Fast Track Court
No.II, Erode, shall follow the procedures laid down under
Section 148 of NI Act in respect of the amount so deposited.
3.Challenging the condition to deposit 20% of cheque amount, this
petition is filed. Petitioner is not able to mobilize the fund especially within a
period of 15 days time granted by the learned Principal District and Sessions
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Crl.O.P..No.7565 of 2023
Judge, Erode, this petition is filed.
4.Section 148 of Instruments Act, deals with power of Appellate Court
to order the appellant to deposit a sum which shall be minimum of 20% of the
fine or compensation awarded by the trial Court. The trial Court awarded
compensation of cheque amount of Rs.8,00,000/-. Therefore, this Court finds
there is nothing illegality or infirmity in the order passed by the learned
Principal District and Sessions Judge, Erode, in imposing condition to the
petitioner to deposit 20% of the cheque amount. However, considering the
request made by the learned counsel for the petitioner that petitioner is not
able to mobilize funds within a period of 15 days, this Court gives further 30
days from the date of receipt of copy of this order for depositing the amount as
ordered by the trial Court.
5.With the above direction and observation, this Criminal Original
Petition is disposed of.
10.04.2023
Internet:Yes
Index:Yes/No
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Crl.O.P..No.7565 of 2023
ep
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Crl.O.P..No.7565 of 2023
G.CHANDRASEKHARAN, J.
ep
Crl.O.P.No.7565 of 2023
10.04.2023
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