Divyesh Palicha v. C.M.Babu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Divyesh Palicha ... Petitioner Vs C.M.Babu ... Respondent PRAYER: Criminal Original Petition is filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set-aside and modify condition of depositing 20% of the cheque amount imposed on the petitioner/appellant in the order 15.11.2024 in Crl.MP.No.31834 of 2024 in Criminal Appeal No.861 of 2024 passed by the XIX Metropolitan Magistrate, Egmore at Allikulam, Chennai allow this Crl.OP. For Petitioner : Mr.S.Marshall

ORDER

This petition has been filed to set-aside and modify condition of depositing 20% of the cheque amount imposed on the petitioner/appellant in the order 15.11.2024 in Crl.MP.No.31834 of 2024 in Criminal Appeal No.861 of 2024 passed by the XIX Metropolitan

Magistrate, Egmore at Allikulam, Chennai.

2. Heard the learned counsel for the petitioner and perused the materials placed on record.

3. The petitioner is an accused in the private complaint lodged by the respondent for the offence punishable under Sections 138 of NI Act, in S.T.C.No.3067 of 2023, on the file of the XIX Metropolitan Magistrate, Egmore, Chennai. After fulfledged Trial, the petitioner was convicted for the offence punishable under Sections 138 of NI Act and sentenced him to undergo two years simple imprisonment and also to pay double the cheque amount. Aggrieved by the same, the petitioner preferred an appeal in C.A.No.861 of 2024 and also filed an application to suspend the sentence. The appellate Court suspended the sentence, on condition that the petitioner shall deposit 20% of the cheque amount, within a period of 60 days from the date of receipt of the order dated 15.11.2024.

4. The appellate Court rightly imposed condition as contemplated under Section 148 of NI Act. In fact, the appellate Court granted time for 60 days to deposit 20% of the cheque amount.

5. In view of the above, this Court finds no infirmity or illegality in the order passed by the appellate Court in Crl.MP.No.31834 of 2024 in Criminal Appeal No.861 of 2024 dated 15.11.2024 by the XIX Metropolitan Magistrate, Egmore at Allikulam, Chennai. However, the time to comply with the said order is hereby extended till 24.02.2025. If the petitioner failed to comply with the condition imposed by the appellate Court on or before 24.02.2025, the appellate Court is directed to proceed as against the petitioner, in accordance with law.

6. Accordingly, this Criminal Original Petition is dismissed. 12.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The XIX Metropolitan Magistrate, Egmore at Allikulam, Chennai.

2. The Public Prosecutor, High Court, Madras.

12.02.2025