Dismissed¶28

B.Chandran v. C.B.Bellie

Madras HC5 Feb 2025CRL OP/14162/2023

Case brief

AI extract

What is this about?

Keywords: Section 138 Negotiable Instruments Act; suspension of sentence; modification of deposit condition; Rs.1,50,000 part compensation; cheque dishonour; Crl.O.P. under Section 482 Cr.P.C. and Section 528 BNSS 2023; C.A.No.31 of 2023; Crl.M.P.No.323 of 2023; S.T.C.No.1451 of 2021; Sessions Judge Udhagamandalam; Judicial Magistrate Udhagamandalam; Nilgiris; Madras High Court; petition dismissed; no interference with appellate condition.

What did the court decide?

The High Court found no grounds to interfere with the order passed by the Appellate Court in Crl.M.P.No.323 of 2023 in C.A.No.31 of 2023 dated 20.03.2023 imposing the deposit condition. ¶26

B.Chandran Vs C.B.Bellie — Cheque Dishonour | Madras HC (2025)

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Crl.O.P.No.14162 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.02.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.14162 of 2023

B.Chandran

... Petitioner

C.B.Bellie

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The State of Tamilnadu Rep.By Public Prosecutor of Nilgiris, Udhagamandalam.

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... Respondents

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PRAYER: Criminal Original Petition is filed under Section 482 of Crl.P.C/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to modify the condition imposed on “3(ii) that the petitioner/Appellant/Accused should deposit a sum of Rs.1,50,000/- towards the part of compensation amount before the Judicial Magistrate, Udhagamandalam within two months from the date of this order on or before 22.05.2023” in Crl.M.P.No.323 of 2023 in C.A.No.31 of 2023 dated 20.03.2023 passed by the learned Sessions Judge, Udhagamandalam.

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For Petitioner : No appearance For R2 : Mr.R.Vinothraja Government Advocate (Crl.side)

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Page 1 of 4

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

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Crl.O.P.No.14162 of 2023

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ORDER

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This petition has been filed to modify the condition imposed in Paragraph “3(ii) that the petitioner/Appellant/Accused should deposit a sum of Rs.1,50,000/- towards the part of compensation amount before the Judicial Magistrate, Udhagamandalam within two months from the date of this order on or before 22.05.2023” in Crl.M.P.No.323 of 2023 in C.A.No.31 of 2023 dated 20.03.2023 passed by the learned Sessions Judge, Udhagamandalam.

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Heard the learned counsel on either side and perused the materials placed on record.

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The petitioner is an accused in the complaint lodged by the first respondent for the offence punishable under Section 138 of Negotiable Instruments Act in S.T.C.No.1451 of 2021 on the file of the Trial Court. After fulfledged Trial, the Trial Court convicted the petitioner under Section 138 of Negotiable Instruments Act and sentenced him to undergo six months simple imprisonment and also to pay a compensation to the tune of cheque amount. Aggrieved by the same, the petitioner preferred an appeal in C.A.No.31 of 2023 along with a petition for suspension of sentence in Crl.M.P.No.323 of 2023 on the file of the Sessions Judge, Udhagamandalam. The Appellate Court, by an

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Page 2 of 4

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

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Crl.O.P.No.14162 of 2023

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order dated 20.03.2023 suspended the sentence, on condition to deposit a sum of Rs.1,50,000/- towards the part of compensation amount before the Judicial Magistrate, Udhagamandalam within two months from the date of the order viz., on or before 22.05.2023. However, the petitioner is unable to comply with the condition within the time fixed by the appellate Court.

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