Court confirmed 15% compensation deposit condition in cheque bounce appeal suspension due to abnormal delay.

Headnote:First Paragraph: Under Section 138 of the Negotiable Instruments Act, complainant filed case resulting in conviction and sentence of two years imprisonment plus compensation of Rs.92,86,900/-. Appellate court suspended sentence directing 15% deposit. High Court confirmed the condition finding no basis for reduction. Second Paragraph: Issue framed as whether to modify 15% deposit condition in suspension order. Ratio: Case delay abnormal despite Covid explanation; court not inclined to reduce percentage. Third Paragraph: Petition disposed confirming 15% deposit within two weeks.

Table of Content
1. background of conviction and suspension condition (Para 1 , 2)
2. delay abnormal; 15% deposit confirmed (Para 4)
3. two weeks granted for deposit compliance (Para 5 , 6 , 7)

O R D E R

This Criminal Original Petition has been filed seeking to modify the condition No. 3 in Crl.M.P.No.8810 of 2025 in C.A.No.1094 of 2025 on the file of the III Additional Sessions Judge, Chennai.

2. The complaint under Section 138 of the Negotiable Instruments Act was filed by the respondent against the petitioner before the III Metropolitan Magistrate, George Town, Chennai in C.C.No.2672 of 2019. On 11.08.2025, the trial Court found the petitioner guilty, convicted him and sentenced him to undergo two years simple imprisonment and further directed him to pay the cheque amount of Rs.92,86,900/- as compensation, in default to undergo three months simple imprisonment.

2.1. Against the said judgment, the petitioner preferred an appeal in C.A.No.1094 of 2025 along with a petition in Crl.M.P.No.8810 of 2025 seeking suspension of sentence. On 15.09.2025, the Sessions Judge, Chennai, while suspending the sentence imposed on the petitioner, directed him to deposit 15% of the compensation amount before the trial Court.

Aggrieved by the same, the present petition has been filed.

3. Heard the learned counsel for the petitioner.

4. It is seen that the case pertains to the year 2019 and has reached finality only on 11.08.2025, after a period of six years. Though the learned counsel for the petitioner submits that the delay was due to Covid 19, the delay appears to be abnormal. Therefore, this Court is not inclined to further reduce the compensation amount of 15%. Accordingly, the direction to deposit 15% of the compensation amount is hereby confirmed.

5. At this juncture, the learned counsel appearing for the petitioner prayed that some reasonable time may be granted to the petitioner to comply with the said condition.

6. Accordingly, the petitioner is directed to deposit 15% of the compensation amount before the trial Court within a period of two weeks from the date of receipt of a copy of this order.

7. With the above directions, this Criminal Original Petition stands disposed of.

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2026 Supreme(Online)(Mad) 26208

IN THE HIGH COURT OF JUDICATURE AT MADRASM.NIRMAL KUMAR, JT.G. Suresh – AppellantVersusK.C. Jewellers Pvt Ltd., Rep., by Pavan Kumar – RespondentCriminal Original Petition | Crl.M.P.No.8810 of 2025 in C.A.No.1094 of 2025

Court confirmed 15% compensation deposit condition in cheque bounce appeal suspension due to abnormal delay.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
T.G. Suresh – Appellant
Versus
K.C. Jewellers Pvt Ltd., Rep., by Pavan Kumar – Respondent
Criminal Original Petition | Crl.M.P.No.8810 of 2025 in C.A.No.1094 of 2025