BRANCH HEAD Vs. P. MUTHUCHEZHIYAN

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the Court below in the Suspension of Sentence Petition filed by the respondent without directing the respondent to deposit the amount as provided under Sec. 148 of the Negotiable Instruments Act, 1881 (hereinafter called as the Act).

(2.) The respondent, who underwent trial for an offence under Sec. 138 of the Act, was convicted and sentenced by the trial Court through judgment dtd. 28/8/2019. The trial Court had directed the respondent to pay the entire cheque amount as compensation to the petitioner under Sec. 357(3) of Code of Criminal Procedure. Aggrieved by the same,the respondent had filed an appeal before the Principal Sessions Court, Villupuram, and had also sought for suspension of sentence. The appellate Court while suspending the sentence, did not impose the condition as mandated under Sec. 148 of the Act. Aggrieved by the same, the present petition has been filed before this Court.

(3.) The learned counsel for the petitioner heavily relied upon the language used under Sec. 148 of the Act and also the judgment of the Hon'ble Supreme Court in the case of Surinder Singh Deswal Vs. Virender Gandhi reported in (2019) 11 SCC 341 and submitted that the Court below ought to have directed the respondent to deposit a minimum of 20% of the cheque amount and this should have been made as a condition precedent for suspension of sentence. The learned counsel submitted that it is the duty of the Court below to impose such a condition and on such deposit, the petitioner will be entitled to withdraw the amount under Sec. 148(3) of the Act.