Madras High Court
Vallinayagam vs M.Ponmanikandan on 14 June, 2023
CRL.R.C.(MD).No.572 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 14.06.2023
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD).No.572 of 2023
and
Crl.M.P.(MD)No.8207 of 2023
Vallinayagam : Petitioner
Vs.
M.Ponmanikandan : Respondent
PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401
of Cr.P.C, to call for the records of the impugned order passed in Cr.M.P.No.2316
of 2023 in C.A.No.72 of 2023 on the file of the Principal Sessions Court,
Thoothukudi, dated 12.04.2023 and set aside the same in sofar as directing the
petitioner to deposit 20% of the compensation amount i.e., Rs.79,000/- before
the trial Court alone.
For Petitioner : Mr.R.J.Karthick
ORDER
The Criminal Revision case is directed against the order passed in Cr.M.P.
No.2316 of 2023 in C.A.No.72 of 2023, dated 12.04.2023 on the file of the
Principal Sessions Court, Thoothukudi.
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CRL.R.C.(MD).No.572 of 2023
2. It is evident from the records that the respondent has filed a private
complaint under Section 200 Cr.P.C against the revision petitioner for the
offence under Section 138 and 142 of Negotiable Instruments Act and the
learned Magistrate, after conducting trial, has convicted the petitioner for the
offence under Section 138 of Negotiable Instruments Act and sentenced him to
undergo one year simple imprisonment and to pay a sum of Rs.3,96,000/- as
compensation under Section 357(3) of Cr.P.C, within a period of one month, in
default to undergo two months simple imprisonment. Aggrieved by the said
judgment, the accused has preferred an appeal before the learned Principal
Sessions Judge, Thoothukudi in C.A.No.72 of 2023 along with an application in
Cr.M.P.No.2316 of 2023 for suspending the sentence. The learned Principal
Sessions Judge, while suspending the sentence, upon perusing the records and on
hearing both parties, has passed the order, dated 12.04.2023, wherein, directed
the petitioner to deposit 20% of compensation amount i.e., Rs.79,000/- before
the trial Court within one month from the date of receipt of copy of that order.
Aggrieved by the said condition, the present revision came to be filed.
3. Heard the learned counsel for the petitioner and also perused the
records.
4. Section 148 of Negotiable Instruments Act contemplates that in an
appeal filed by the drawer against conviction under Section 138 of NI Act, the
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CRL.R.C.(MD).No.572 of 2023
Appellate Court can order the appellant to deposit such sum which shall be a
minimum of 20% of the fine or compensation awarded by the trial Court.
5. When the matter is taken up for hearing today, the learned counsel for
the petitioner would submit that the petitioner is suffering from diabetics
mellitus and chronic kidney disease and is taking inpatient treatment and hence,
one month further time may be granted for depositing the amount as directed by
the appellate Court.
6. In the case on hand, the learned Judge of the Appellate Court has
directed the petitioner to deposit only 20% of the compensation amount and as
such, the order of the Appellate Judge cannot be found fault with.
7. Accordingly, the revision petitioner is directed to deposit the amount
within one month from today, as directed as directed by the Appellate Court.
6. With the above direction, the Criminal Revision Case is disposed of.
Consequently, connected Miscellaneous Petition is closed.
14.06.2023
das
https://www.mhc.tn.gov.in/judis
CRL.R.C.(MD).No.572 of 2023
To
1. The Principal Sessions Judge, Thoothukudi.
2.The Section Officer,
Criminal Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
CRL.R.C.(MD).No.572 of 2023
K.MURALI SHANKAR, J.
das
Crl.R.C.(MD).No.572 of 2023
and
Crl.M.P.(MD)No.8207 of 2023
14.06.2023
https://www.mhc.tn.gov.in/judis
