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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
S. Kannan – Appellant
Versus
R. Edwin Joswa – Respondent
ORDER :
K.MURALI SHANKAR, J.
1. The Criminal Revision is directed against the conditional order passed in Crl.M.P.No.6225 of 2024 in C.A.No.207 of 2024, dated 13.11.2024 on the file of the Principal Sessions Court, Madurai.
2. The petitioner is the accused and the respondent as complainant filed a private complaint under Section 200 of Cr.P.C., against the petitioner for the offence under Section 138 r/w 124 of Negotiable Instruments Act. The learned Judicial Magistrate, after trial, has passed judgment in S.T.C.No.113 of 2021, dated 04.06.2024 finding the petitioner guilty for the offence under Section 138 of Negotiable Instruments Act, convicted and sentenced him to undergo one year simple imprisonment and to pay compensation of Rs.90,75,000/- to the complainant under Section 357(3) of Cr.P.C., within two months, in default to undergo six months simple imprisonment. Challenging the impugned judgment of conviction, the accused has preferred an appeal in Crl.A.No.207 of 2024 and moved an application in Crl.M.P. No.6225 of 2024, seeking suspension of sentence.
3.The learned Principal Sessions Judge has passed an order, dated 13.11.2024, suspending the sentence, imposing a condition, dir
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.
A speaking order is necessary for imposing the condition to deposit 20% of the compensation for suspending the sentence, as per the principle laid down by the Apex Court in Jamboo Bhandari v. M.P. St....
The appellate court can waive the 20% deposit requirement under Section 148 of the NI Act if compelling circumstances are demonstrated.
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 appellate court has the discretion to waive the 20% deposit requirement under Section 148 of the NI Act if justified by exceptional circumstances.
The appellate court must evaluate if a case is exceptional to waive the mandatory 20% deposit under Section 148 of the Negotiable Instruments Act.
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....
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