Uma Maheshwari vs N.V.Krishnan
2023 Latest Caselaw 6512 Mad

                                                                                  Crl.O.P.No.13413 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 19.06.2023

                                                             CORAM

                          THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

                                                  Crl.O.P.No.13413 of 2023


                     Uma Maheshwari                                            ... Petitioner

                                                   Vs

                     N.V.Krishnan                                    ... Respondent

                     Prayer : Criminal Original Petition has been filed under Section 482 of
                     Cr.P.C. to call for the records relating to the Cr.M.P.No.1807 of 2023 in
                     C.A.No.93 of 2023 on the file of the Court of Vacation Judge, Vellore and
                     set aside the same as far as the petitioners are concerned.
                                       For Petitioner      : Mr.S.Saravanakumar
                                       For Respondent      : No appearance

                                                             ORDER

This petition is filed challenging the order of learned Vacation

Judge, Vellore, in Cr.M.P.No.1807 of 2023 in C.A.No.93 of 2023 on

18.05.2023, directing the petitioner to deposit a sum of Rs.11,25,000/- out

of Rs.45,00,000/- ordered by the trial Court as compensation for the

https://www.mhc.tn.gov.in/judis Crl.O.P.No.13413 of 2023

respondent for suspension of sentence.

2.It is the submission of learned counsel for the petitioner that

amount ordered is excessive and the case against A1 was quashed by this

Court. In such circumstances, the learned counsel for the petitioner prays

for setting aside the aforesaid order.

3.This Court finds from the judgment of the trial Court that the trial

Court convicted the petitioner/second accused under Section 138 of

Negotiable Instruments Act, and sentenced to undergo three months simple

imprisonment with compensation of Rs.45,00,000/- with interest at the rate

of 9% per annum from the date of dishonour and in default to pay the

compensation amount, sentenced to undergo further period of two weeks

simple imprisonment. Challenging this judgment, petitioner filed appeal in

C.A.No.93 of 2023 along with the petition for suspension of sentence in

Cr.M.P.No.1807 of 2023. The learned Vacation Judge, Vellore, ordered the

suspension of sentence till the disposal of the appeal on deposit of 25%

compensation amount of Rs.11,25,000/- out of Rs.45,00,000/- within one

month from the date of order and on further conditions of executing a bond

https://www.mhc.tn.gov.in/judis Crl.O.P.No.13413 of 2023

for a sum of Rs.10,000/- along with two sureties for a like sum to the

satisfaction of the Judicial Magistrate No.II, Walajapet.

4.Section 148 of Negotiable Instruments Act, empowers the

Appellate Court to direct the appellant to deposit minimum of 20% of the

fine or compensation awarded by the trial Court.

5.The cheque dishonour case was filed in 2010, therefore, this Court

finds there is no illegality or irregularity in directing the petitioner to

deposit 25% of the compensation amount. Therefore, order dated

18.05.2023 passed by the learned Vacation Judge, Vellore in

Cr.M.P.No.1807 of 2023 in C.A.No.93 of 2023 is confirmed.

6.Accordingly, this Criminal Original Petition is dismissed.

Petitioner is granted one month time from today (i.e. 20.06.2023) for

depositing the amount as ordered by the Appellate Court.

19.06.2023 Index: Yes/No Speaking/Non speaking order ep

https://www.mhc.tn.gov.in/judis Crl.O.P.No.13413 of 2023

G.CHANDRASEKHARAN, J.

ep

To

The Vacation Judge, Vellore.

Crl.O.P.No.13413 of 2023

https://www.mhc.tn.gov.in/judis Crl.O.P.No.13413 of 2023

19.06.2023

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