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2024 Supreme(Online)(MAD) 21102

HIGH COURT OF MADRAS
Honourable Dr Justice G. JAYACHANDRAN
K.GUNASEKARAN – Appellant
Versus
A.VELAYUTHAM – Respondent


O R D E R

The petitioner herein is the appellant in Crl.A.No.28 of 2024 on the file of the the Additional District and Sessions Judge, Chengalpattu. The said appeal filed against the judgment of conviction and sentence imposed on the appellant for an offence under Section 138 of Negotiable Instruments Act.

2. Against the trial Court judgment, the petitioner has preferred the above appeal and also sought for suspension of sentence. The lower appellate Court while entertaining the application for suspension of sentence has imposed condition to deposit 20% of the compensation amount i.e., R.1,00,000/- within 30 days from 06.06.2024. Challenging the said condition, the present Criminal Original Petition is filed.

3. The learned counsel appearing for the petitioner submits that under Section 148 of N.I.Act, deposit of 20% of the compensation amount is not mandatory condition. For imposing condition to deposit 20% of compensation amount, the lower appellate Court ought to have assigned the reason.

4. This Court on perusing the records finds that the complaint under Section 138 of N.I.Act was instituted on 25.09.2019. The trial Court convicted the petitioner herein vide judgment dated 15.02.2

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