A.Mangesh vs G.Balasubramani
2023 Latest Caselaw 14589 Mad

Madras High Court

A.Mangesh vs G.Balasubramani on 22 November, 2023

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                               Crl.O.P.No.26053 of 2023



                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         Dated : 22.11.2023

                                                          CORAM :

                            THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN

                                                   Crl.O.P.No.26053 of 2023
                                                              and
                                                   Crl.M.P.No.18113 of 2023
               A.Mangesh                                                                ... Petitioner

                                                             -vs-

               G.Balasubramani                                                        ...Respondent



               PRAYER : Criminal Original Petition has been filed under Section 482 of
               Criminal Procedure Code, to call for the records in Crl.M.P.No.4576 of 2022 in
               Crl.Appeal 122 of 2022 in order dated 10.11.2022 passed by learned Principal
               District and Sessions Judge, Tiruvallur and to set aside.

                                  For Petitioner            : Mr.K.T.S.Sivakumar


                                                          ORDER

The petition filed challenging the order passed by the lower appellate

Court imposing 20% of the cheque amount to be deposited as a condition for

suspension of sentence and pursue the criminal appeal arising out of Section

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138 of the Negotiable Instruments Act, 1881.

2. The learned counsel appearing for the petitioner submitted that the

order to deposit 20% does not carry any reason and therefore, it has to be set

aside. In support of his submission, the learned counsel for the petitioner relied

upon the Judgment passed by the Hon'ble Supreme Court in Jamboo Bhandari

Vs. M.P. State Industrial Development Corporation Ltd & Ors, arising out of

Crl.A. No.2741 of 2023 reported in 2023 INSC 822.

3. In the above cited judgment, the Hon'ble Supreme Court has made it

clear that only in exceptional cases, where the appellate Court can consider that

less than 20% of the cheque amount to be collected or to be totally waived,

reasons must be recorded and not otherwise. In Paragraph Nos.7, 8 & 9, the

Hon'ble Supreme Court has made it clear, only if falls under exceptional

category, by recording the reasons, the Appellate Court can waive the condition.

4. In this case, the petition filed before the appellate Court for suspension

of sentence does not indicate any reason to fall under exceptional category.

Hence, this petition is dismissed. However, since the time for deposit of 20% of

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the compensation amount has expired long back, the appellant is permitted to

deposit the compensation amount by 06.12.2023 and proceed as per law.

                                                                                 22.11.2023
               Internet           : Yes/No
               Index              : Yes/No
               rkp

               To

1.The Principal District and Sessions Judge, Tiruvallur

2.The Judicial Magistrate, Fast Track Court Magisterial Level, Ambattur.

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

Dr.G.JAYACHANDRAN, J.

rkp

and

22.11.2023

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