S.Vinayagam vs W.Karthick Kumar
2023 Latest Caselaw 9702 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 04.08.2023

                                                           CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                   Crl.O.P.No.17519 of 2023

                     S.Vinayagam                                                         .. Petitioner

                                                              Vs.

                     W.Karthick Kumar                                                  .. Respondent

                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to set aside the docket order dated 19.07.2023
                     passed by the learned IV Additional District and Sessions Judge, Ponneri.


                                  For Petitioner             : Mr.Jaganathan


                                                           ORDER

This petition has been filed challenging the Docket Order passed by

the Court below retuning the application filed by the petitioner under

Section 148(3) of the Negotiable Instruments Act to withdraw the

compensation amount that was deposited by the respondent/accused

pending the criminal appeal.

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2.This Court carefully heard the learned counsel for the petitioner and

perused the records.

3.The petitioner/complainant filed a complaint against the

respondent/accused for offence under Section 138 of the Negotiable

Instruments Act. The Trial Court by judgment dated 20.03.2023 made in

STC No.4541 of 2018 convicted the respondent and sentenced him to

undergo simple imprisonment for a period of six months and further

directed a sum of Rs.10,43,000/- to be paid as compensation and in default

to undergo 30 days simple imprisonment.

4.Aggrieved by the above judgment, the respondent filed an appeal

before the Principal District Judge, Thiruvallur in Crl.A.No.91 of 2023. The

respondent also filed an application for suspension of sentence and the

sentence was suspended by an order dated 20.04.2023 directing the

respondent to deposit 20% of the compensation amount fixed by the Trial

Court. Accordingly, the respondent also deposited the amount of

Rs.2,08,600/- before the Trial Court on 16.06.2023.

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5.The petitioner filed an application under Section 148(3) of the

Negotiable Instruments Act seeking to withdraw the compensation amount

lying in STC No.4541 of 2018.

6.The grievance of the petitioner is that the Court below even without

considering the application, has mechanically returned the petition stating

that the petition is not maintainable. Aggrieved by the same, the present

criminal original petition has been filed before this Court.

7.In the considered view of this Court, the Court below ought to have

entertained the application and must have dealt with the same in accordance

with Section 148 of the Negotiable Instruments Act. The said provision was

inserted through Act 20 of 2018 which came into effect from 01.08.2018.

The provision was brought in only to provide an interim relief to the

complainant who can be permitted to withdraw the amount deposited

pending the appeal. The Court below ought to have entertained the

application since it is very much maintainable and it goes without saying

that the Court must consider the said application in line with the provision

under Section 148 of the Negotiable Instruments Act.

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8.In the light of the above discussion, there shall be a direction to the

Court below to entertain the application filed by the petitioner seeking for

the withdrawal of the compensation amount deposited by the

respondent/accused and deal with the same in line with Section 148 of the

Negotiable Instruments Act, 1881.

9.This criminal original petition is accordingly allowed and the Court

below is directed to deal with the application after hearing the other side

and pass final orders, within a period of two weeks from the date of receipt

of copy of this order.

10.The Registry is directed to return back the original application to

the learned counsel for the petitioner in order to enable the petitioner to re-

present the same before the Appellate Court and workout his remedy.

04.08.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No ssr

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

1.The IV Additional District and Sessions Judge, Ponneri.

2.The Public Prosecutor High Court of Madras, Madras.

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

Crl.O.P.No.17519 of 2023

04.08.2023

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