MAHESH Vs. SAILEELA ENTERPRISES

JUDGEMENT

(1.) Assailing the Order dated 16-07-2019 of the Judicial Magistrate of First Class, Railway Kodur, passed in Crl.M.P.No.972 of 2019 in C.C.No.105 of 2019, whereby, a condition was imposed at the time of granting bail directing the petitioner to deposit 20% of the cheque amount in the Court within two months of his release on bail, this Criminal Petition is filed.

(2.) The petitioner is the accused in C.C.No.105 of 2019 on the file of Judicial Magistrate of First Class, Railway Kodur. He is being prosecuted for the offence punishable under Section 138 of Negotiable Instruments Act (for short "N.I. Act "). After the trial Court took cognizance of case against him and issued summons to him for his appearance in the Court, it appears that he has refused to receive the summons. Therefore, NonBailable Warrant (N.B.W.) was issued against him to secure his presence in the Court. The said N.B.W. was executed and the petitioner was arrested and he was produced before the trial Court. Thereafter he was remanded to judicial custody. When he has applied for bail before the trial Court, the trial Court by its order dated 16.07.2019 enlarged him on bail on certain conditions. As per condition No.2, he was directed to deposit 20% of the cheque amount before the Court within two (02) months from the date of his release on bail.

(3.) The petitioner now seeks to set aside the said condition No.2 imposed against him at the time of granting bail to him.