R.Anitha vs /
2024 Latest Caselaw 20302 Mad

Madras High Court

R.Anitha vs / on 25 October, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                                   Crl.O.P.No.25615 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                           Dated:25.10.2024

                                                              Coram:

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                  Crl.O.P.No.25615 of 2024
                                                             and
                                                 Crl.M.P.No. 14343 of 2024

                     R.Anitha                                                     .. Petitioner

                                                              /versus/

                     R.Velmurugan                                                 .. Respondent


                                    Criminal Original Petition has been filed under Section 528 of
                     BNSS,         to   call   for   the    records      in   Crl.M.P.No.24995/2024     in
                     Crl.A.No.657/2024 on the file of the Hon'ble Principal Sessions Court,
                     Chennai, and set aside the same and modify the one of the condition of
                     the order of deposit 20 percentage of amount.


                                    For Petitioner         :Mr.R.Santhosh
                                                           ------
                                                       ORDER

The petitioner herein is the accused for the offence under

Section 138 of Negotiable Instruments Act, 1881 and she found guilty by

the trial Court for issuing a cheque of Rs.26,20,000/- without sufficient

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fund. The petitioner was sentenced to undergo six months Simple

Imprisonment and to pay the cheque amount as compensation.

2.Aggrieved by the judgment of conviction and sentence, the

petitioner has filed an appeal before the Principal Sessions Court and the

same is pending in C.A.No.657 of 2024. Along with the appeal, the

petition for suspension of sentence has been filed and the same was

considered by the lower Appellate Court and allowed on condition that

the petitioner shall deposit 20% of the compensation amount within 60

days from the date of that order. The order dated 05.09.2024 is now

challenged by the petitioner in respect of the condition imposed.

3.According to the learned counsel appearing for the petitioner,

Section 148 of NI Act, is not a mandatory condition, but it is an enabling

provision to impose condition to deposit up to 20% of the compensation

amount as a condition for suspension of sentence. For imposing condition

to deposit 20% of the compensation, there must be specific reason. The

Hon'ble Supreme Court as well as the High Courts while interpreting

Section 148 of NI Act, has categorically held that there cannot be a

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mechanical imposition of condition to deposit 20% of the compensation

amount, while suspending the sentence. Hence, the learned counsel

appearing for the petitioner submitted that the condition to deposit 20% of

the compensation amount to be modified.

4. This Court on perusing the judgment of the trial Court finds

that this petitioner neither has replied to the statutory notice nor let in any

evidence to substantiate that she is not liable to pay the cheque amount.

The lower Appellate Court, on considering the facts of the case and also

recording that the petitioner has expressed readiness to deposit 20% of the

compensation amount, passed orders suspending the sentence with

condition to deposit 20% of the total compensation amount. The cheque

issued on 02.12.2021 is the subject matter of the appeal. The material

placed by the complainant had established the liability and default.

5. In the said circumstances, this Court is of the view that the

provision of Section 148 of NI Act must be given full effect and it cannot

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be diluted for flimsy reason. Hence, this Criminal Original Petition

stands dismissed. Consequently connected Miscellaneous Petition is

closed.

25.10.2024

Index:yes/no Internet:yes/no ari To:

The Principal Sessions Court, Chennai.

Dr.G.JAYACHANDRAN,J.

ari

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

and

25.10.2024

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