C.R. BALASUBRAMANIAN Vs. P. ESWARAMOORTHI

JUDGEMENT

(1.) This Petition has been filed as against one of the condition that was imposed by the Court below directing the Petitioner to deposit 20% of the Cheque amount while suspending the Sentence imposed against the Petitioner under Sec. 138 of the Negotiable Instruments Act.

(2.) This Court carefully considered the submissions made by learned Counsel for Petitioner and the materials available on record.

(3.) The Petitioner faced trial for offence under Sec. 138 of the Negotiable Instruments Act, before the Judicial Magistrate, Fast Track Court II, Erode, in STC No.523 of 2019. The Trial Court, by Judgment, dtd. 22/9/2023, convicted the Petitioner and sentenced him to undergo three months' Simple Imprisonment and to pay the Cheque amount as Compensation, in default, to undergo one month Simple Imprisonment. Aggrieved by the same, the Petitioner filed C.A. No.372 of 2023 before the Principal District and Sessions Judge, Erode. Along with this Appeal, the Petitioner also filed an Application for Suspension of Sentence in Crl.M.P. No.3983 of 2023. The Court below, while suspending the Sentence, imposed certain conditions. One such condition that was imposed by the Court below to the effect that the Petitioner must deposit 20% of the Cheque amount has been put to challenge in the present Petition.