Crl.R.C.(MD).No.1280 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 22.11.2023

CORAM

THE HONOURABLE MR. JUSTICE P.VADAMALAI

Crl.R.C.(MD).No.1280 of 2023

A.Vijalakshmi,

The Proprietor,

M/s.MSN Traders,

No.1/537-F Exhibition Road,

West Hill,

Kozhikode-673 005.

Kerala State.

... Petitioner

Vs.

J.Kamaraj,

The Proprietor,

M/s.N.K.J.K.Mills,

No.14/1, Soundarapandiyan Road,

Virudhunagar.

... Respondent

PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of

the Criminal Procedure Code, to set aside the condition No.1 directing the

petitioner to deposit a sum of Rs.11,68,581/- before the learned Judicial

Magistrate No.I, Virudhungar within one month, vide order dated

02.11.2023 passed in Cr.M.P.No.5644 of 2023 in Crl.A.No.141 of 2023 on

the file of the learned Principal District and Sessions Judge, Virudhunagar

District at Srivilliputhur.

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Crl.R.C.(MD).No.1280 of 2023

For Petitioner

: Mr.R.Ilayaraja

ORDER

This Criminal Revision Case has been filed to set aside the

condition No.1 that directing the petitioner to deposit a sum of

Rs.11,68,581/- before the learned Judicial Magistrate No.I, Virudhungar

within one month, vide order dated 02.11.2023 passed in Cr.M.P.No.5644 of

2023 in Crl.A.No.141 of 2023 on the file of the learned Principal District

and Sessions Judge, Virudhunagar District at Srivilliputhur.

2. The learned counsel for the revision petitioner submitted that the

respondent filed a private compliant stating that the petitioner borrowed a

sum of Rs.23,37,161/- from the respondent, in discharging the above said

liability, on demand, the petitioner issued a cheque bearing No.003155. The

respondent presented the cheque before the bank and the same was returned

stating that '' Funds Insufficient ''. Thereafter, the respondent filed a private

complaint before the Judicial Magistrate No.I, Virudhunagar, for the offence

under Section 138 NI Act in C.C.No.387 of 2019.

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Crl.R.C.(MD).No.1280 of 2023

3. After full trial, on 24.08.2023, the trial Court convicted the

petitioner and sentenced him to undergo one year simple imprisonment and

to pay the cheque amount of Rs.23,37,161/- to the respondent as

compensation in default to undergo six months simple imprisonment for the

offence under Section 138 NI Act. Challenging the same, the petitioner has

preferred an appeal before the learned Principal District and Sessions Judge,

Virudhunagar District at Srivilliputhur in Crl.A.No.141 of 2023 along with

a petition for suspending the sentence in Cr.M.P.No.5644 of 2023. After

hearing the M.P.No.5644 of 2023, the learned judge allowed the petition on

02.11.2023, with certain conditions. One of the condition is that '' the

petitioner shall deposit a sum of Rs.11,68,581/- (Rupees Eleven Lakhs

Sixty eight thousands five hundred and eighty only only) before the trial

Court within one month failing which the sentence so suspended is

cancelled automatically”

4. The grievance of the learned counsel for the petitioner is that the

petitioner could not deposit the above said amount, since that condition is

violating Section 148 of the Negotiable Instrument Act. He further

submitted that she was not in a position to arrange the above said amount

within the time fixed by the learned Judge. Therefore, the petitioner prays

for modification of the above said condition.

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Crl.R.C.(MD).No.1280 of 2023

5. Considering the above facts and circumstances of the case, the

order of the learned Principal District and Sessions Judge, Virudhunagar

District at Srivilliputhur, made in Cr.M.P.No.5644 of 2023 in Crl.A.No.141

of 2023 dated 02.11.2023 is modified in respect of the condition No.(i)

alone and it is modified to the effect that the petitioner is directed to deposit

20% of the cheque amount (i.e) Rs.4,67,432/- (Rupees