KUMUTHA Vs. S.MANIVANNAN

JUDGEMENT

(1.) The petitioner was found guilty for the offence under Sec. 138 of the Negotiable Instrument Act, by the learned Judicial Magistrate, Fast Track Court, Thanjavur, in C.C.No.20 of 2018, dtd. 8/6/2023 and she was directed to pay the cheque amount of Rs.8,00,000.00 as compensation under Sec. 357(3) Cr.P.C. Challenging the same, the petitioner filed an appeal in C.A.No.265 of 2023 before the learned Principal Sessions Judge, Thanjavur and also filed an application in Crl.M.P.No.7611 of 2023 in C.A.No.265 of 2023 to suspend the sentence imposed by the trial Court. The learned Principal Sessions Judge, Thanjavur, by order dtd. 1/12/2023, in Crl.M.P.No.7611 of 2023, has directed the petitioner to deposit 20% of the compensation amount before the Sessions Court within 32 days, i.e. on or before 2/1/2024. But, the petitioner has failed to pay the amount as directed by the Sessions Court. Thereafter, the petitioner has filed an application for extension of time, which was dismissed by the learned II Additional District and Sessions Judge, Thanjavur. Hence, the petitioner is before this Court.

(2.) The learned counsel for the petitioner submits that the petitioner is having a good case in the appeal. The petitioner could not mobilize the funds and therefore, she could not pay the amount as directed by the trial Court in time. He further submits that the petitioner would pay the amount as directed by the Principal Sessions Judge, within a period of one week from today.

(3.) This Court considered the submission made by the learned counsel for the petitioner.