M. SHANKAR Vs. T. RAJA CHIDAMBARAM

JUDGEMENT

(1.) Challenging the order passed by the learned Principal Sessions Judge, Dindigul, in Crl.M.P.No.2126 of 2025 in C.A.No.Unnumbered of 2025 dtd. 6/11/2025, directing the petitioner to deposit 15% of the cheque amount before the learned Judicial Magistrate No.I, Dindigul on or before 4/12/2025, this Criminal Original Petition has been filed.

(2.) Mr.D.Shanmugaraja Sethupathi, learned counsel appearing for the petitioner, submitted that a case has been filed by the first respondent under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act') in S.T.C.No.450 of 2025 before the learned Judicial Magistrate No.I, Dindigul, which culminated in convicting the petitioner herein, sentencing him to undergo six months of simple imprisonment and also to pay a compensation of Rs.50,00,000.00 (Rupees Fifty Lakhs only) by order dtd. 25/8/2025. Challenging the same, the petitioner filed an appeal before the learned Principal Sessions Judge, Dindigul, along with the petition seeking suspension of sentence in Crl.M.P.No.2126 of 2025 in unnumbered appeal. However, the same came to be allowed vide order dtd. 6/11/2025 on condition that the petitioner shall deposit 15% of the cheque amount on or before 4/12/2025.

(3.) The learned counsel for the petitioner also submitted that in a connected criminal case in Crime No.13 of 2025 with respect to the same money transaction, on the file of the City Crime Branch, Tiruppur, the petitioner had already suffered incarceration in Central Prison, Coimbatore, till the date of conviction on 25/8/2025 and he was enlarged on bail only after the pronouncement of the judgment dtd. 25/8/2025 in S.T.C.No.450 of 2025 and hence, he was not at all able to arrange any amount for the purpose of depositing the said compensation. Therefore, he sought for complete exemption from the said direction of the learned Principal Sessions Judge, Dindigul.