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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.VADAMALAI, J
Titus Samuel – Appellant
Versus
Joseph Selvaraj – Respondent
ORDER :
1. This Criminal Revision Case is filed to set aside the order passed in Crl. M.P. No. 3469 of 2024 in Crl. A. No. 40 of 2022, dated 23.05.2024 by the learned Principal Sessions Judge, Tuticorin, Tuticorin District.
2. The brief facts of the case:
The revision petitioner is the accused in C.C. No. 102 of 2018 on the file of the Judicial Magistrate, Fast Track Court (Magistrate Level), Tuticorin. The first respondent has filed the said case U/s.138 of the Negotiable Instruments Act against the revision petitioner on the basis of dishonour of cheques for Rs.72,48,000/-. After contest, the learned Judicial Magistrate found the petitioner guilty U/s.138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment for a period of one year and also directed the petitioner to pay Rs.72,48,000/- to the complainant towards compensation U/s.357(3) of Cr.P.C. by his judgment, dated 28.02.2022. Challenging the above conviction judgment, the revision petitioner preferred the appeal in Crl. A. No.40 of 2022 before the Principal Sessions Court, Tuticorin. During the pendency of the appeal, the revision petitioner has filed the petition in Crl. M.P. No. 3469 of 2024 to s
The appellate court must consider the specifics of each case when determining conditions for suspension of sentence under the Negotiable Instruments Act, allowing flexibility in the deposit requireme....
The condition to deposit 20% of the compensation amount under the Negotiable Instruments Act should consider the individual circumstances of the accused, allowing for exceptions to avoid unjust hards....
Appellate courts must exercise discretion in imposing conditions for suspension of sentence, taking into account the specific circumstances of the case, especially regarding a defendant's financial a....
The interpretation of Section 148 of the Negotiable Instruments Act regarding the period for depositing the cheque amount influenced the court's decision to modify the condition imposed by the lower ....
The imposition of a 20% deposit under Section 148 of the N.I. Act is customary but not obligatory; exceptions can be made if justified.
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
The imposition of a deposit condition under Section 148 of the Negotiable Instruments Act must be reasoned and not mechanical, allowing for exemptions based on the circumstances presented by the accu....
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