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2022 DIGILAW 412 (MAD)

Benny @ Benny J Samraj v. Mano Messaque

2022-02-15

A.D.JAGADISH CHANDIRA

body2022
JUDGMENT/ORDER : Prayer in Crl.O.P.No.3114 of 2022: The Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records relating to the order dated 12.03.2021 passed in Cr.M.P.No.1247 of 2021 in C.A.No.4 of 2021 on the file of the Principal Sessions Court, Kanchipuram District at Chengalpattu, set aside the same in so far as it relates to the direction of depositing a sum of Rs.4,00,000 before the Trial Court within one month from the date of the order. Crl.O.P.No.3117 of 2022: The Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records relating to the order dated 12.03.2021 passed in Cr.M.P.No.1243 of 2021 in C.A.No.2 of 2021 on the file of the Principal Sessions Court, Kanchipuram District at Chengalpattu, set aside the same in so far as it relates to the direction of depositing a sum of Rs.4,00,000 before the Trial Court within one month from the date of the order. Crl.O.P.No.3119 of 2022: The Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records relating to the order dated 12.03.2021 passed in Cr.M.P.No.1246 of 2021 in C.A.No.3 of 2021 on the file of the Principal Sessions Court, Kanchipuram District at Chengalpattu, set aside the same in so far as it relates to the direction of depositing a sum of Rs.4,00,000 before the Trial Court within one month from the date of the order. Crl.O.P.No.3120 of 2022: The Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records relating to the order dated 12.03.2021 passed in Cr.M.P.No.1250 of 2021 in C.A.No.5 of 2021 on the file of the Principal Sessions Court, Kanchipuram District at Chengalpattu, set aside the same in so far as it relates to the direction of depositing a sum of Rs.1,20,000 before the Trial Court within one month from the date of the order. 1. These Criminal Original Petitions have been filed against the conditions imposed by the Principal Sessions Court, Kanchipuram District at Chengalpattu vide orders dated 12.03.2021. 2. 1. These Criminal Original Petitions have been filed against the conditions imposed by the Principal Sessions Court, Kanchipuram District at Chengalpattu vide orders dated 12.03.2021. 2. The Trial Court had convicted and sentenced the petitioner for the offences under Section 138 of Negotiable Instruments Act and had directed him to deposit twice the cheque amount as compensation under Section 357 of Cr.P.C., totaling to a sum of Rs.20,00,000/- (in each C.C.Nos.130, 131 & 132 of 2018) and Rs.6,00,000/- (in C.C.No.145 of 2018). Thereafter, the petitioner had filed the appeals before the Principal Sessions Court, Kanchipuram District at Chengalpattu in Crl.A.Nos.2, 3, 4 & 5 of 2021 and he had also applied for suspension of sentence in Crl.M.P.Nos.1247, 1243, 1246 & 1250 of 2021. Thereby, the Appellate Court, while allowing the petitions, had directed the petitioner to deposit a sum of Rs.4,00,000/- in each Crl.M.P.Nos.1247, 1243 & 1246 of 2021 and Rs.1,20,000/- in Crl.M.P.No.1250 of 2021, in accordance with Section 148 of Negotiable Instruments Act. Aggrieved by the same, the present petitions have been filed by the petitioner. 3. Learned counsel appearing for the petitioner would submit that due to the covid pandemic situation, the business of the petitioner is dull and he is facing serious financial constrains and thereby, the present petitions have been filed seeking to set aside the orders passed by the Principal Sessions Court, Kanchipuram District at Chengalpattu in Crl.M.P.Nos.1247, 1243, 1246 & 1250 of 2021. 4. This Court carefully considers the submissions made by the learned counsel for the petitioner and perused the materials available on record. 5. Section 148 of N.I. Act stipulates the power of Appellate Court to order payment pending appeal against conviction. As per Section 148(1) of N.I. Act, not withstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), in an appeal by the drawer against conviction under Section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court. The Appellate Court had rightly directed the petitioner to deposit a sum of Rs.4,00,000/- in each Crl.M.P.Nos.1247, 1243 & 1246 of 2021 and to deposit a sum of Rs.1,20,000/- in Crl.M.P.No.1250 of 2021, which amounts to 20% of the compensation awarded by the Trial Court. 6. The Appellate Court had rightly directed the petitioner to deposit a sum of Rs.4,00,000/- in each Crl.M.P.Nos.1247, 1243 & 1246 of 2021 and to deposit a sum of Rs.1,20,000/- in Crl.M.P.No.1250 of 2021, which amounts to 20% of the compensation awarded by the Trial Court. 6. At this juncture, the learned counsel appearing for the petitioner would submit that taking into consideration, the financial constrains of the petitioner, time may be extended for making payment of above said amount before the Appellate Court. 7. Considering the facts and circumstances of the case and also the submissions made by the learned counsel for the petitioner, this Court is of the opinion that while confirming the orders passed by the Appellate Court in Crl.M.P.Nos.1247, 1243, 1246 & 1250 of 2021 dated 12.03.2021, time for depositing the amount is extended for a period of six weeks from today. 8. Recording the same, the Criminal Original Petitions are disposed of.