SAMRAJ CONSTRUCTIONS PVT. LTD. Vs. RADHA INFRA

JUDGEMENT

(1.) This criminal original petition has been filed seeking quashment of the order dtd. 4/11/2025 passed in Crl.M.P.No.1 of 2025 in Crl.A.No.1328 of 2025 on the file of the XIX Additional City Civil Court at Chennai, insofar as the condition relating to deposit of 20% of the compensation amount to the credit of STC.No.2286 of 2023.

(2.) It is the case of the petitioners that the respondent/complainant initiated proceedings under Sec. 138 of the Negotiable Instruments Act (in short 'NI Act') against the petitioners/accused in STC.No.2286 of 2023 and the trial court, vide order dtd. 15/10/2025, convicted the petitioners for the offence under Sec. 138 of the NI Act and sentenced the 2 nd petitioner to undergo one year simple imprisonment and further directed him to pay the cheque amount of Rs.48,00,000.00 (Rupees Forty Eight Lakhs only) in favour of the respondent/complainant within two months, in default to undergo simple imprisonment for a further period of three months. Aggrieved by the same, the petitioners preferred an appeal in Crl.A.No.1328 of 2025 along with a petition in Crl.MP.No.1 of 2025, seeking suspension of sentence. The XIX Additional City Civil Court, Chennai, vide impugned order dtd. 4/11/2025, while suspending the sentence imposed on the petitioners, directed the petitioners to deposit 20% of the compensation amount before the trial Court within 60 days from the date of the said order. Aggrieved by the same, the present petition has been filed.

(3.) Learned counsel for the petitioners submitted that there are arguable grounds in the appeal and the petitioners have a good and meritorious case in appeal. Therefore, he prayed that the order directing the petitioners to deposit 20% of the compensation amount may be set aside.