Madras High CourtCRL RC/830/2022dismissed

M/S.Needs Fashion Rep By S.Selvi v. C.R.Kannan, Erode

2022-07-04Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL.R.C.NO.830 OF 2022 1.M/s.Needs Fashion, Represented by its Partner, S.Selvi, D.No.10/305, Nayakan Thottam, Ramraj Street Fashion, Avinashi - 641 654.

2.S.Selvi 3.R.Srinivasan ... Revision Petitioners

Versus

C.R.Kannan ... Respondent Criminal Revision Case filed under Section 397 and 401 Cr.P.C, to call for the records and modify the condition imposed in the order that petitioner shall deposit 20% of the cheque amount which was passed in Crl.M.P.No.1751 of 2022 of Criminal Appeal No.88/2022 dated 16.06.2022 passed by the learned Principal District Sessions Judge at Erode and to allow this criminal revision.

For Petitioners :

Mr.M.Saravanakumar

O R D E R

This Criminal Revision Case is filed against the order of the learned Principal District Sessions Judge, Erode in Crl.M.P.No.1751 of 2022, dated 16.06.2022, in and by which, while suspending the sentence, 20% of the cheque amount is ordered to be deposited.

2. The learned Counsel for the petitioners would submit that the petitioners are unable to deposit the 20% of the cheque amount. However, it may be seen that 20% is imposed pursuant to Section 148 of Negotiable Instruments Act and the Hon'ble Supreme Court of India has held that the same to be mandatory unless there is an extraordinary circumstance. https://hcservices.ecourts.gov.in/hcservices/

3. In that view of the matter, no exception can be taken to the order of the learned Principal District Sessions Judge, Erode in imposing the said condition. Accordingly, this Criminal Revision Case is dismissed as without merits. However, taking into consideration of the facts and circumstances of the case, time is extended by a period of eight weeks from today (04.07.2022) to comply with the said condition. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sp To The Principal District Sessions Judge, Erode. Crl.R.C.No.830 of 2022 SSN(CO) PM/07/07/2022 https://hcservices.ecourts.gov.in/hcservices/