Court modified cheque bounce appeal bail condition, extending 20% deposit time for female petitioner due to financial hardship.

Headnote:The petitioner, convicted under Section 138 of the Negotiable Instruments Act by the trial court in STC No.339/2022, appealed to the Sessions Court in Crl.A.No.14/2025, where sentence suspension was granted conditioned on depositing 20% of the cheque amount within 60 days. Unable to comply, the petitioner sought modification citing inability to mobilize funds. The High Court considered her status as a lady and extended the deposit timeline. Issues framed involved modification of appellate bail conditions under Section 528 BNSS. The court reasoned that gender warranted leniency in time extension while upholding the deposit requirement, warning of automatic cancellation on non-compliance. The petition was disposed with modified condition extending time till 27.04.2026.

Table of Content
1. background of conviction and appeal conditions. (Para 1)
2. petitioner's counsel seeks time extension. (Para 2)
3. court modifies condition extending deposit time. (Para 3 , 4)

ORDER

The petitioner / accused in the case filed under Section138 of the Negotiable Instruments Act, filed by the respondent, was convicted by the trial Court in STC No.339/2022 on 09.12.2024. Aggrieved by the same, the petitioner has preferred appeal in Crl.A.No.14/2025 before the Learned Principal District and Sessions Judge, Erode and also filed a petition M.P.No.1 of 2025 to suspend the sentence. The first appellate Court, by order dated 28.01.2025 admitted the appeal and suspended the sentence on certain conditions. One of such conditions is that the petitioner has to pay 20% of the cheque amount, within a period of 60 days. Since the petitioner was unable to mobilise the said amount, she has filed the present petition to modify the said condition and to extend the time.

2. The learned counsel for the petitioner submits that the petitioner is a lady and she may be given with sufficient time.

3. Considering the fact that the petitioner is a lady, this Court modifies condition No.(a)(i) of the order dated 28.01.2025 madein M.P.No.1 of 2025 in CA No.14 of 2025 on the file of the Principal District and Sessions Judge, Erode, to the extent that the time to deposit of 20% of the cheque amount is extended till 27.04.2026. It is made clear that in the event of non-compliance of this order, without further notice, this order would stand automatically cancelled.

4. Accordingly, this Criminal Original Petition is disposed.

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2026 Supreme(Online)(Mad) 29904

IN THE HIGH COURT OF JUDICATURE AT MADRASM. NIRMAL KUMAR, JA. Vidhyadevi – AppellantVersusN.Suresh – RespondentCriminal Original Petition|STC No.339/2022|Crl.A.No.14/2025|M.P.No.1/2025

Court modified cheque bounce appeal bail condition, extending 20% deposit time for female petitioner due to financial hardship.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
A. Vidhyadevi – Appellant
Versus
N.Suresh – Respondent
Criminal Original Petition|STC No.339/2022|Crl.A.No.14/2025|M.P.No.1/2025