2020 (11) TMI 720 - HC - Indian Laws

Dishonor of Cheque - offence under Section 138 of the Negotiable Instruments Act - direction for suspension of sentence imposed on him by the trial court - HELD THAT - When it is noted the appellate court is justified in directing the petitioner/accused to deposit 20% of the compensation amount imposed by the trial court pending appeal as provided under Section 148 of the Negotiable Instruments Act and thereby ordering suspension of the sentence imposed on the petitioner and when the order passed by the appellate court is in conformity with the provisions of Section 148 of the Negotiable Instruments Act read with 389(1) of Cr.PC, I do not find any infirmity or error in the abovesaid condition imposed by the appellate court directing the petitioner to deposit 20% of the compensation amount imposed on him by the trial court. There is no merit in the Criminal original petition - Petition dismissed.

Summary

Issues:
1. Conviction and sentencing under Section 138 of the Negotiable Instruments Act
2. Appeal against conviction and sentence
3. Suspension of sentence under Section 389(1) of Cr.P.C.
4. Direction to deposit 20% of compensation amount pending appeal
5. Challenge to the direction to deposit 20% of compensation amount

Analysis:
The petitioner was convicted for an offence under Section 138 of the Negotiable Instruments Act and sentenced to two years of simple imprisonment along with a compensation amount. Subsequently, the petitioner appealed against the conviction and sentence in C.A.No.54 of 2020 before the Principal District Court, Namakkal. Additionally, the petitioner filed Criminal M.P. No.334 of 2020 under Section 389(1) of Cr.P.C. seeking suspension of the sentence imposed by the trial court.

The appellate court, after considering the petitioner's submissions, decided to entertain the petition and suspended the sentence of imprisonment for three months. The court directed the petitioner to execute a bond and deposit 20% of the total compensation amount awarded by the trial court within 60 days as per Section 148 of the Negotiable Instruments Act. The petitioner was also instructed to appear in the trial court monthly and before the appellate court for appeal hearing.

Challenging the direction to deposit 20% of the compensation amount fixed by the trial court, the petitioner filed a Criminal Original Petition seeking modification of this condition. However, the High Court, upon reviewing the impugned order and referencing a decision of the Apex Court, found the appellate court's directive to be justified. The court held that the appellate court's order was in accordance with the provisions of Section 148 of the Negotiable Instruments Act read with Section 389(1) of Cr.P.C., thereby dismissing the petitioner's challenge to the condition.

In conclusion, the High Court dismissed the Criminal Original Petition, stating that there was no merit in the petitioner's challenge to the condition imposed by the appellate court. Consequently, the connected miscellaneous petition was closed, upholding the direction to deposit 20% of the compensation amount pending appeal as per the relevant legal provisions.