KESURAM KHANCHAND Vs. SURESH

JUDGEMENT

(1.) Heard the learned counsel for the petitioners.

(2.) The present Petition is filed under Article 226 of the Constitution of India. The petitioners are challenging the order dtd. 24/06/2025 passed by the learned District Judge-10 and Additional Sessions Judge and Special Court for Differently-able persons, Senior Citizens and Marginalized Ss. of Society, Nagpur, wherein, the application at Exh.4 filed by the petitioner for suspension of sentence was allowed and the sentence is suspended till decision of the appeal, subject to deposit of 20% of the compensation amount, i.e., Rs.3,50,000.00 within 15 days in the Trial Court. The petitioner is challenging only the condition of depositing 20% of compensation amount, i.e., Rs.3,50,000.00 within 15 days in the Trial Court.

(3.) Brief facts of the case are that, the respondent herein, i.e., original complainant filed complaint under Sec. 138 of the Negotiable Instruments Act, 1881. It is alleged by the respondent that on 28/12/2017, he had deposited an amount of Rs.10,00,000.00 in the account of the accused by cheque bearing No.000222 dtd. 28/12/2017 drawn on Lakshmi Vilas Bank, Nagpur Branch, Nagpur, through broker Rhythm Investment. It was agreed by the Petitioner No.2 that 1.25% of interest per month would be payable. The petitioner no.2 has executed the receipt on 28/12/2017 for himself and the petitioner No.1, and acknowledged the receipt of the amount from the respondent. The said amount is payable on demand and no refund period is mentioned in the receipt. It is further alleged that till 01/04/2020, the petitioner paid the interest, thereafter failed to pay the interest. The respondent was in need of money, and therefore, demand was made in the week of September, 2022, to pay the principal amount and the interest accrued thereon. The petitioners agreed to refund the principal amount of Rs.10,00,000.00 to the respondent and issued a cheque bearing No.010975 dtd. 12/09/2022 for an amount of Rs.10,00,000.00 drawn on Bank of Baroda, Amravati Branch, Amravati. When the cheque was presented, the cheque dishonoured on the ground of 'Insufficient Funds', and therefore, demand notice was issued, however, the petitioners failed to pay the cheque amount within the stipulated period, and therefore, complaint came to be filed against petitioners vide S.C.C. No.22047/2022. The said summary case came to be decided and the petitioner No.2 who is the proprietor of petitioner No.1 was convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, and directed to undergo simple imprisonment for six months, and to pay compensation of Rs.17,50,000.00 to the complainant within two months from the date of order with 9% per annum from the date of order till realization of the amount. It was further directed, if the accused failed to pay compensation amount within two months from the date of the order, then he shall undergo default sentence of two months.