SRI CHANDRA MAULEESWARAR Vs. SRI. NARAYANA TRADERS

JUDGEMENT

(1.) These petitions have been filed under Sec. 482 Cr.P.C., to set aside the order passed by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in Cr.M.P.Nos.2197, 2198, 2199 and 2200 of 2020 in C.A.Nos.58, 59, 60 and 61 of 2020, dtd. 1/12/2020.

(2.) The main contention of the petitioners is that the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur while suspending the sentence passed by the learned Judicial Magistrate, Rajapalayam in C.C.Nos.86, 100, 126 and 199 of 2018 directed the petitioners to pay a sum of Rs.2,00,000.00 before the trial Court within a period of four weeks from the date of receipt of that order. According to the petitioners, when the properties of the first petitioner company are seized off by the National Company Law Tribunal, the Principal District Judge has no right to pass such an order. He also drew the attention of this Court to Sec. 148 of Negotiable Instrument Act, which reads as follows:

(3.) Admittedly, the cheque amount is Rs.10,00,000.00 and the learned Principal District Judge has suspended the sentence with the following two conditions: