Madras High Court
P.Kandasamy vs A.Chellapillai on 8 August, 2023
Crl.O.P.No.31710 of 2022 & Batch.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P Nos.31710, 31716, 31726, 31714,
31731, 31712, 31722, 31730, 31729,
31717, 31719, 31707 & 31713 of 2022
& Crl.M.P.Nos.19486, 19424, 19427, 19430,
19485, 19426, 19461, 19476, 19470, 19453, 19458,
19418, 19465 & 19454 of 2022
Crl.O.P.No.31710 of 2022
P.Kandasamy ... Petitioner
vs.
A.Chellapillai ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records, and set aside the impugned order
dated 22.09.2022 passed in Crl.M.P.No.2120 of 2022 in Crl.A.No.33 of 2022
on the file of the Additional District Judge (Fast Track Court) Mettur.
For Petitioner : M/s.K.Priya
For Respondent : Mr.S.Kalyanaraman
COMMON ORDER
This batch of petitions have been filed challenging the condition
imposed by the Court below directing the petitioner to deposit 20% of the
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Crl.O.P.No.31710 of 2022 & Batch.
cheque amount in each case, while allowing the applications filed by the
petitioner seeking for suspension of sentence pending appeal.
2. Heard the learned counsel appearing on behalf of the petitioner
and learned counsel appearing on behalf of the respondent.
3. When this petition came up for hearing on 22.12.2022, this
Court passed the following order:-
“ These petitions have filed to call for the records,
and set aside the impugned orders dated 22.09.2022
passed in Crl.M.P.Nos.2120, 2110, 2119, 2113, 2115,
2121, 2116, 2117, 2109, 2114, 2118, 2112 & 2111 of
2022 in Crl.A.Nos.33, 25, 32, 24, 28, 34, 29, 30, 22, 26,
31, 23 & 27 of 2022 on the file of the Additional District
Judge (Fast Track Court) Mettur.
2.The common ground raised in all these cases by
the learned counsel for the petitioners is that the trial
Court had convicted the petitioners for the offence under
Section 138 and 142 of the Negotiable Instruments Act,
1881 and imposed sentence of one year three months
simple imprisonment. No compensation and fine was
ordered. Challenging the judgment of conviction and
sentence, petitioners filed Criminal appeals before the
learned Additional District Judge (Fast Track Court),
Mettur. Petitioners have moved petitions for suspension
of sentence under Section 389 (1) (2) of Cr.P.C. When
considering the petitions filed for suspension of
sentence, the learned Additional District Judge, (Fast
Track Court), Mettur, observed that the trial Court had
not imposed any fine or compensation, however,
proceeded to impose a condition to the petitioners to
deposit 20% of the total cheque amount within a period
of 60 days from the date of the order, in the account of
Judicial Magistrate Court No.II, Mettur, pending
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.31710 of 2022 & Batch.
disposal of the appeals. This order of direction to deposit
20% of the cheque amount is challenged in all these
appeals.
3.The learned counsel for the petitioners further
submitted that the power of Appellate Court to order
payment pending disposal of the appeal against
conviction is dealt with under Section 148 of the
Negotiable Instruments Act, 1881. It is further submitted
that Appellate Court may order the appellant to deposit
such sum which shall be a minimum of 20% of fine or
compensation awarded by the trial Court. In all the
cases before hand there was no fine or compensation
imposed/awarded by the trial Court and that be the case,
the orders passed by the Appellate Court to deposit 20%
of the cheque amount as a condition precedent for
suspending sentence is against the law. Therefore, all
these petitions have been filed.
4.Considered the submissions of the learned
counsel for the petitioners.
5.This Court on going through the judgment of
trial Court and order of learned Additional Judge (Fast
Track Court), Mettur, found that the trial Court has not
imposed any fine or awarded compensation in the case.
6.Section 148 of the Negotiable Instruments Act,
1881 reads as follows:-
Section 148. Power of Appellate Court to order
payment pending appeal against conviction:-
1)Notwithstanding anything contained in the Code
of Criminal Procedure, 1973 (2 of 1974), in an appeal by
the drawer against conviction under Section 138, the
Appellate Court may order the appellant to deposit such
sum which shall be a minimum of twenty percent of the
fine or compensation awarded by the trial Court.
Provided that the amount payable under this sub-
section shall be in addition to any interim compensation
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Crl.O.P.No.31710 of 2022 & Batch.
paid by the appellant under Section 143-A.
7.This provision makes it abundantly clear that the
Appellate Court may order the appellant to deposit a
sum, especially a minimum of 20% of the fine or
compensation imposed / awarded by the trial Court. As
already stated, there was no fine imposed or
compensation awarded. Under such circumstances, the
direction issued by the learned Additional District
Judge, (Fast Track Court), Mettur to the petitioners to
deposit 20% of the total cheque amount within 60 days
from the date of order in the account of Judicial
Magistrate Court No.II, Mettur, is not in accordance
with law and therefore this part of the order is alone set
aside. The sentence may be suspended without insisting
the deposit of 20% of total cheque amount. The direction
to execute a bond for Rs.10,000/- with two sureties each
for the like sum to the satisfaction of the learned Judicial
Magistrate Court No.II, Mettur, is retained. Bond to be
executed within a period of two weeks from the date of
receipt of copy of the order.
8.Issue notice to respondent, returnable in three
weeks.”
4. It is clear from the above that this Court had set aside the order
passed by the appellate Court imposing the condition of depositing 20% of the
cheque amount in each appeal. This Court directed the petitioner to execute a
bond for Rs.10,000/- with two sureties each for like sum to the satisfaction of
the learned Judicial Magistrate Court No.II, Mettur and it is stated that this
condition has been complied with by the petitioner.
5. In view of the above, the Court below is directed to dispose of
the Crl.A.Nos.33, 25, 32, 24, 28, 34, 29, 30, 22, 26, 31, 23 and 27 of 2022,
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Crl.O.P.No.31710 of 2022 & Batch.
within a period of three (3) months from date of receipt of a copy of this order.
Considering the age of the petitioner, his presence can be dispensed with and he
shall be present before the appellate court at the time of passing of the final
judgment. Till then, the petitioner shall be represented by a counsel and if the
counsel fails to represent on behalf of the petitioner, it is left open to the
appellate court to insist for the presence of the petitioner.
6. All the Criminal Original Petitions are disposed of in the above
terms. Connected Miscellaneous Petitions are closed.
08.08.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citations: Yes/ No
mpl
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.31710 of 2022 & Batch.
N. ANAND VENKATESH, J.
mpl
Crl.O.P Nos.31710, 31716, 31726, 31714,
31731, 31712, 31722, 31730, 31729,
31717, 31719, 31707 & 31713 of 2022
& Crl.M.P.Nos.19486, 19424, 19427,
19430, 19485, 19426, 19461, 19476,
19470, 19453, 19458, 19418,
19465 & 19454 of 2022
08.08.2023
https://www.mhc.tn.gov.in/judis
