Subramaniam v. S.Balakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

1. A.Subramaniam

2. S.Meena ... Petitioners Vs.

S.Balakrishnan ... Respondent Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to set aside the order passed in Crl.M.P.No.26703 of 2024 in C.A.No.710 of 2024 passed by the learned Principal District and Sessions Judge, Chennai dated 23.09.2024.

For Petitioner : Mr.P.N.Vignesh

O R D E R

Challenging the order dated 23.09.2024 in Crl.M.P.No.26703 of 2024 in C.A.No.710 of 2024 passed by the learned Principal District and Sessions Judge, Chennai, the present petition has been filed. 1/5

2. The petitioners herein found guilty by the learned Special Metropolitan Magistrate, XIV Court of Small Causes, Chennai in S.T.C.No.851 of 2021, for an offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo six months simple imprisonment and to pay the cheque amount of Rs.20,00,000/- (Rupees Twenty Lakhs) as compensation to the complainant within a period two months, in default, to undergo further period of two months simple imprisonment. Aggrieved by the same, they have preferred an appeal before the Principal Sessions Judge, Chennai in Crl.A.No.710 of 2024. Along with the appeal, they have preferred an application seeking suspension of sentence in Crl.M.P.No.26703 of 2024. The lower appellate Court vide order dated 23.09.2024, by invoking Section 148 of Negotiable Instruments Act (Amendment Act) 2018, suspended the sentence on condition that the petitioners shall deposit 20% of the compensation amount within 60 days from the date of order.

3. Heard the learned counsel for the petitioner and perused the materials available on record.

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4. A perusal of the record reveals that in consonance with the provision of the Negotiable Instruments Act particularly, Section 148 of Negotiable Instruments Act, the lower appellate Court has imposed condition to deposit 20% of the compensation amount as prerequisite to suspend the sentence. This order came to be passed not only based on the facts of the case, the petitioners themselves have come forward to deposit 20% of the compensation amount in order to get suspension of sentence. The said undertaking finds place in the order passed by the lower appellate Court, even otherwise the condition to deposit 20% of the compensation amount is fair and reasonable in so far as the present case is concerned. Therefore, this Court is not inclined to interfere with the order passed by the lower appellate Court in connection to suspending the sentence on condition. Hence this Criminal Original Petition stand dismissed.

26.11.2024 Index : Yes/No Speaking Order : Yes/No ms 3/5

To The Principal District and Sessions Judge, Chennai.

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P.VELMURUGAN, J ms 26.11.2024 5/5