The statutory period for deposit under Section 148(2) of the Negotiable Instruments (Amendment) Act is two months, which can be extended by thirty days on sufficient cause being shown.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

CRL.O.P.Nos.25571, 25574, 25576 & 25579 of 2021

and

Crl.M.P.Nos.14161, 14162, 14165 & 14166 of 2021

Rupa.R

...Petitioner in all Crl.O.Ps

Vs

M/s.Sree Gokulam Chit &

Finance Co (Pvt) Ltd.,

Represented by its Manager/Authorized Officer,

A.Selvaraj,

No.66, Old No.356, Arcot road,

Kodambakkam, Chennai – 600 024.

...Respondent in all Crl.O.Ps

COMMON PRAYER: Criminal Original Petitions filed under Section

482 of the Code of Criminal Procedure, to set aside the order

passed in Crl.M.P.Nos.4732, 4735, 4734 & 4733 of 2021 in

Crl.Appeal Nos.76, 79, 78 & 77 of 2021 respectively, vide

order dated on 07.12.2021 on the file of Principal District

Judge, Thiruvallur now transferred and pending before III

Additional District & Sessions Judge, Poonamallee, and grant

the petitioner herein the Statutory period for deposit as per

Sec.148(2) of the Negotiable Instruments (Amendment) Act,

2018.

In all Crl.O.Ps

For Petitioner

:

Mr.L.K.Manjunath

in all Crl.O.Ps

COMMON ORDER

These Criminal Original Petitions have been filed to set

aside the order passed in Crl.M.P.Nos.4732, 4735, 4734 & 4733

of 2021 in Crl.Appeal Nos.76, 79, 78 & 77 of 2021

respectively, vide order dated 07.12.2021, on the file of

Principal District and Sessions Judge, Tiruvallur, now

transferred and pending before III Additional District &

Sessions Judge, Poonamallee, and grant the petitioner herein

the Statutory period for deposit as per section 148(2) of the

Negotiable Instruments (Amendment) Act, 2018.

https://hcservices.ecourts.gov.in/hcservices/

2. The grievance of the petitioner is that the petitioner

who is the accused under Section 138 N.I. Act against the case

filed by the respondent in STC Nos.210, 213, 212 & 211 of

2016, on the file of the Judicial Magistrate, Fast Track

Court, (Magistrate Level), Ambattur, was convicted by the

trial Court, by judgment dated 29.09.2021, against which, the

petitioner had filed appeals in Crl.Appeal Nos.76, 79, 78 & 77

of 2021 and filed suspension of sentence petitions in

Crl.M.P.Nos.4732, 4735, 4734 & 4733 of 2021. The lower Court,

by order dated 07.12.2021, in Crl.M.P.Nos.4732, 4735, 4734 &

4733 of 2021, suspended the sentence of the petitioner with a

condition that the petitioner to deposit the 20% of the

compensation amount before the trial Court to the credit of

STC Nos.210, 213, 212 & 211 of 2016, respectively, within a

period of one month. The contention of the petitioner is that

this is in violation of the statutory period of two months

provided under Section 148 (2) of the Negotiable Instruments

(Amendment) Act. The learned counsel for the petitioner

submits that the petitioner may be given the statutory period

and also the extended period to deposit the 20% of the

compensation amount. The learned counsel for the petitioner

further submits that the petitioner, who is a Home maker, has

become victim due to the family circumstances and the

condition is an onerous one and it would not be possible for

her to mobilise such huge amount.

3. For the purpose of clarity, Section 148(2) of the

Negotiable Instruments (Amendment) Act is extracted hereunder:

'148. (2) The amount referred to in

sub-section (1) shall be deposited within

sixty days from the date of the order, or

within such further period not exceeding

thirty days as may be directed by the Court

on sufficient cause being shown by the

appellant'.

It is seen that as per Section 148(2) of the Negotiable

Instruments (Amendment) Act, sixty days time limit is given.

Further, it can be extended by thirty days on sufficient cause

being shown. In view of the same, the petitioner is granted

a period of two months to deposit the 20% of the compensation

amount i.e. on or before 07.03.2022. It is made clear that no

m