The appellate court has the discretion to grant an extension of time for complying with the statutory requirement of depositing a portion of the compensation amount as a condition for the suspension of sentence under Section 148 of the Negotiable Instruments Act.

ORDER

The petitioner, who was facing trial in section 138 of the Negotiable Instruments Act case, was convicted by the trial court in S.T.C.No.1024 of 2023 vide judgment dated 08.01.2026. The trial court sentenced the petitioner to undergo eight months simple imprisonment and to pay a compensation of Rs.75,00,000/- along with 6% interest per annum within one month, in default to undergo four months simple imprisonment.

2.According to the learned counsel for the petitioner, aggrieved over the said judgment, the petitioner has preferred an appeal in Crl.A.No.183 of 2026 and also filed a suspension of sentence petition in Crl.M.P.No.1 of 2026. The lower appellate court while suspending the sentence had directed the petitioner to execute a bond for Rs.10,000/- with two sureties on or before 23.02.2026 and had further directed the petitioner to deposit 15% of the compensation amount to the credit of S.T.C.No.1024 of 2023 within sixty days from the date of the order. The learned counsel for the petitioner submitted that the petitioner was unable to mobilize the 15% of the compensation amount and hence filed the present petition seeking to reduce the deposit amount and also extension of time to deposit the same.

3.This court has heard the submission made by the learned counsel for the petitioner. Considering the nature of the case and the amount involved in this case, this court is not inclined to reduce the deposit amount of 15% of the compensation amount but is inclined to grant a time period of four weeks to deposit the same in the light of the submissions made by the learned counsel for the petitioner. Accordingly, the time is granted and the petitioner shall deposit 15% of the compensation amount on or before 03.07.2026, as directed by the lower appellate court to the credit of S.T.C.No.1024 of 2023 before the learned Metropolitan Magistrate, Fast Track Court V, Saidapet, Chennai. It is made clear that no further extension of time shall be granted to the petitioner and if the petitioner fails to deposit the 15% of the compensation amount within the stipulated period, i.e., on or before 03.07.2026, the suspension of sentence granted by the lower appellate court shall stand cancelled. Accordingly, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.