Dismissed¶24

A.Hemalatha v. C.Appar

Madras HC14 Feb 2025CRL OP/1356/2025

Case brief

AI extract

What is this about?

Keywords: Crl.O.P.No.1356 of 2025; High Court of Judicature at Madras; G.K.ILANTHIRAIYAN; Section 528 BNSS; Section 138 N.I. Act; Section 148 N.I. Act; suspension of sentence condition; 20% cheque amount deposit; Crl.M.P.No.30176 of 2024; Crl.A.No.824 of 2024; C.C.No.3835/2019; Rs.10,40,000/- compensation; non-bailable warrant recall; III Additional Principal Sessions Judge, Chennai; decision dated 14.02.2025.

What did the court decide?

Petitioner at liberty to comply with the condition imposed by the Appellate Court; if compliance is made on or before 21.02.2025, the trial court is to permit deposit of 20% of the cheque amount and the Appellate Court is to recall the warrant and proceed with the appeal. ¶24

A.Hemalatha Vs C.Appar — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the conditions imposed by the Appellate Court in paragraph Nos. 6 & 7 of its order in Crl.M.P.No.30176 of 2024 dated 29-10-2024 (deposit of 20% of the total cheque amount within 60 days) suffer from infirmity or illegality and should be set aside/modified, with further time granted and the warrant recalled.

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Court's answer

The Appellate Court rightly imposed the condition requiring deposit of 20% of the cheque amount ordered as compensation under Section 148 of the N.I. Act.

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Ratio / Principle

No infirmity or illegality was found in the order passed by the Appellate Court.

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Key takeaways

The Criminal Original Petition is dismissed, but the petitioner is at liberty to comply with the Appellate Court's condition; upon compliance on or before 21.02.2025, the trial court is directed to permit deposit of 20% of the cheque amount and the Appellate Court is directed to recall the warrant issued against the petitioner and proceed with the appeal.ratio¶24

Detailed headnote1 paragraphs

High Court of Judicature at Madras (G.K.ILANTHIRAIYAN, J.), 14.02.2025: Dismissed Crl.O.P.No.1356 of 2025 filed under Section 528 BNSS by a petitioner convicted under Section 138 N.I. Act in C.C.No.3835/2019 and sentenced to 5 months S.I. plus compensation of the cheque amount Rs.10,40,000/- (default one month S.I.). Her appeal C.A.No.824/2024 carried a suspension-of-sentence condition (paragraph Nos. 6 & 7 of the order in Crl.M.P.No.30176 of 2024 dated 29-10-2024) to deposit 20% of the cheque amount within 60 days; on non-compliance her extension petition was dismissed and an NBW was issued (dated 09.01.2025). The Court found no infirmity or illegality in the Appellate Court's condition, grounded in Section 148 of the N.I. Act; however, if the petitioner deposits the 20% on or before 21.02.2025, the trial court is directed to permit the deposit and the Appellate Court is directed to recall the warrant and proceed with the appeal.

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Crl.O.P.No.1356 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.02.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.1356 of 2025

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Mrs.A.Hemalatha, (Aged 50 years), W/o.Mr.P.Deepak, No.39, 5 th Cross Street, 9 th Main, Adithya Nagar, Vidyaranyapura, Bangalore-560097. ... Petitioner Vs.

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Mr.C.Appar, S/o.M.Chinnasamy, No.13/22, Diamond Street, NSC Bose Road, Porur, Chennai-600 116.

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... Respondent

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Prayer: Criminal Original Petition is filed under Section 528 of BNSS., pleased t o set aside the condition imposed in paragraph No.6 &7 of the order passed in Crl.M.P.No.30176 of 2024 dated 29-10-2024 and modify the same and consequently grant further time for complying the direction to the III Additional Judge City Civil Court by recalling the warrant against the petitioner issued in Crl.M.P.No.30176 of 2024 in Crl.A.No.824 of 2024, on the file of III Additional Principal Sessions Judge, Chennai, dated 09.01.2025.

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For Petitioner : Ms.P.Keerthana For Respondent : Mr.S.Vanchinathan

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.1356 of 2025

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O R D E R

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This Criminal Original Petition has been filed seeking to set aside the condition imposed in paragraph Nos. 6 &7 of the order passed in Crl.M.P.No.30176 of 2024 dated 29-10-2024 and modify the same and consequently grant further time for complying the direction to the III Additional Judge, City Civil Court, Chennai by recalling the warrant against the petitioner issued in Crl.M.P.No.30176 of 2024 in Crl.A.No.824 of 2024, on the file of III Additional Principal Sessions Judge, Chennai, dated 09.01.2025.

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2. The petitioner is an accused in the complaint lodged by the respondent for the offense punishable under Section 138 of the N.I Act in C.C.No.3835/2019. After full-fledged trial, the trial court convicted the petitioner for the offence under Section 138 of the N.I. Act and sentenced him to undergo 5 months of simple imprisonment (S.I.) and to pay the cheque amount of Rs.10,40,000/- as compensation, in default to undergo one month of S.I.

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3. Aggrieved by the same, the petitioner preferred an appeal in C.A.No.824/2024 along with an application to suspend the sentence. The

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https://www.mhc.tn.gov.in/judis

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Page 2 of 5

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Crl.O.P.No.1356 of 2025

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Appellate Court, while suspending the sentence, imposed the condition that the petitioner shall deposit 20% of the total cheque amount within a period of 60 days. However, the petitioner did not comply with the said condition and filed a petition seeking an extension of time, which was dismissed and a non-bailable warrant (NBW) was issued against the petitioner. The Appellate Court rightly imposed the condition that the petitioner shall deposit 20% of the cheque amount, which was ordered as compensation under Section 148 of the N.I. Act.

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4. Therefore, this Court finds no infirmity or illegality in the order

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passed by the Appellate Court and accordingly, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to comply with the condition imposed by the Appellate Court. If the petitioner complies with the condition imposed by the Appellate Court on or before 21.02.2025, the trial court is directed to permit the petitioner to deposit 20% of the cheque amount and the Appellate Court is directed to recall the warrant issued against the petitioner and proceed with the appeal.

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14.02.2025

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Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order

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https://www.mhc.tn.gov.in/judis

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Page 3 of 5

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Crl.O.P.No.1356 of 2025

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To,