Devikala v. Jayaseelan
Case brief
What is this about?
In a petition under Section 482 Cr.P.C seeking modification of a deposit condition fixed for suspension of sentence in a Section 138 NI Act case, the High Court reduced the required deposit from Rs.3,75,000 to Rs.25,000, citing the prevailing pandemic and economic distress.
What did the court decide?
The order directing the petitioner to deposit Rs.3,75,000 was modified to require a deposit of Rs.25,000 within two weeks.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.06.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.21103 of 2020
Devikala
W/o.Sudaram ... Petitioner
Vs.
R.Jayaseelan,
S/o.P.Rajamgam ... Respondent
PRAYER: Criminal Original petition has been filed under Section 482 of Cr.P.C prayed to modify the condition imposed on the petitioner viz., the petitioner is directed to deposit a sum of Rs.3,75,000/- before the trial court within 30 days order passed by the learned Principal Sessions Judge, Kancheepuram District at Chengalpattu in Crl.MP.No.3477 of 2020 in Criminal Appeal No.27 of 2020 by its order dated 10.11.2020.
For Petitioner : Mr.K.R.Ramesh Kumar
For Respondent : Mr.William Shakesphere
Issues for consideration
2 issues framed by the court
Whether the condition to deposit a sum of Rs.3,75,000/- as security for suspension of sentence imposed under Section 138 of the Negotiable Instruments Act is just and reasonable in the prevailing pand
Whether the High Court has the inherent power to modify the deposit amount fixed by the lower appellate court under its inherent powers.
Parties & counsel
- petitioner
Devikala W/o.Sudaram
- respondent
R.Jayaseelan S/o.P.Rajamgam
Coram
M Dhandapani
Case details
As recorded by the court registry
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