High Court · 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 09.01.2025 Pronounced on : 18.02.2025CORAMTHE HONOURABLE MR JUSTICE P.VADAMALAICRL MP(MD) NO. 14357 of 2024INCRL RC(MD) NO. 1048 OF 2024 P.ShajahanS/o. Pakkirmaideen, No. 2/413, 8th Cross Street, Melakaveri Jamiya Nagar, Kumbakonam, Thanjavur District. ... Petitioner /Respondent Vs.R.JayaramanS/o.Ramasamy, No.E1/25/5 Greenland Apartments, Annamalai Nagar, Thillai Nagar, Thiruchirappalli, Thiruchirappalli District. ... Respondent/PetitionerFor Petitioner: Mr.Haja Mohideen.A, AdvocateFor Respondent: Mr.C.Suresh Kannan, Advocate1/9 https://www.mhc.tn.gov.in/judis ORDERThis petition has been filed by the petitioner/respondent to permit him towithdraw Rs.2,95,720/- (Rupees Two lakhs ninety five thousand seven hundred andtwenty only) deposited by the respondent/petitioner in S.T.C.No.137 of 2018 on thefile of the learned Judicial Magistrate, Thiruvaiyaru.2. The learned counsel for the petitioner submitted that therespondent/petitioner was found guilty U/s.138 of the Negotiable Instruments Actand sentenced him to undergo simple imprisonment for a period of one year and alsodirected the respondent/petitioner to pay Rs.7,39,300/- (Rupees Seven lakhs thirtynine thousand three hundred only) to the petitioner/respondent/complainanttowards compensation, in default, to undergo simple imprisonment for a period of3 months, by judgment dated 21.03.2023 passed in S.T.C.No.137 of 2018 on the file ofthe learned Judicial Magistrate, Thiruvaiyaru. Challenging the judgment, therespondent/petitioner preferred the appeal in Crl.A.No.113 of 2023 before theI Additional District and Sessions Court (PCR), Thanjavur and the appeal wasdismissed on 27.08.2024. Pending proceedings, the respondent/petitioner depositedRs.1,47,860/- (Rupees One lakh forty seven thousand eight hundred and sixty only)to the credit of S.T.C.No.137 of 2018 on the file of the learned Judicial Magistrate,2/9 https://www.mhc.tn.gov.in/judis Thiruvaiyauru. Thereafter, the respondent/petitioner has filed the main Crl.R.C(MD)No.1048 of 2024 along with Crl.M.P(MD)No.11529 of 2024 before this Court. ThisCourt while suspending sentence in Crl.M.P(MD)No.11529 of 2024 on 28.10.2024,directed the respondent/petitioner to deposit 50% of the balance amounti.e., Rs.2,95,720/- (Rupees Two lakhs ninety five thousand seven hundred and twentyonly) to the credit of S.T.C.No.137 of 2018 on the file of the learned JudicialMagistrate, Thiruvaiyauru and accordingly, the respondent/petitioner deposited.Now, there is Rs.4,43,580/- (Rupees Four lakhs forty three thousand five hundredand eighty only) in the credit of S.T.C.No.137 of 2018 on the file of the learned JudicialMagistrate, Thiruvaiyauru. The petitioner/respondent is aged 70 years and thecheque amount is being business transaction amount between the parties and he isconducting the case for the past 7 years. Further, he submitted that there isconcurrent finding by the trial Court as well as the Appellate Court, so he may bepermitted to withdraw the amount of Rs.2,95,720/- (Rupees Two lakhs ninety fivethousand seven hundred and twenty only) under deposit.3. The learned counsel for the respondent/petitioner raised an objection that hehas made several grounds challenging the findings of the courts below and thetransaction was made by the respondent/petitioner through one Inbaraj, but the3/9 https://www.mhc.tn.gov.in/judis petitioner/respondent has not taken any action against Inbaraj and so, the petitionermay not be permitted to withdraw the amount.4. Heard the learned counsel appearing for the petitioner and the learnedcounsel appearing for the respondent. 5. The submissions of both sides counsels have been carefully considered. It isadmitted that the respondent/petitioner was found guilty U/s.138 of the NegotiableInstruments Act and he was directed to pay the compensation of cheque amount bythe trial Court and the appeal preferred by him was also dismissed by the AppellateCourt. Now, the respondent/petitioner has moved this Court with Crl.R.C(MD)No.1048 of 2024 and the same is pending. It is also admitted that therespondent/petitioner deposited a total sum of Rs.4,43,580/- (Rupees Four lakhsforty three thousand five hundred and eighty only) to the credit of S.T.C.No.137 of2018 on the file of the Judicial Magistrate, Thiruvaiyauru as directed by the Courtwhile suspending the sentence. However, the petitioner/respondent seeks forwithdrawal of Rs.2,95,720/- (Rupees Two lakhs ninety five thousand seven hundredand twenty only) from the deposited amount.4/9 https://www.mhc.tn.gov.in/judis

6. For better appreciation it is better to quote the relevant Section 148 of theNegotiable Instruments Act, which reads as follows:"148: Power of Appellate Court to order paymentpending appeal against conviction:(1) Notwithstanding anything contained in the Code ofCriminal Procedure, 1973 (2 of 1974), in an appeal by thedrawer against conviction under Section 138, the AppellateCourt may order the appellant to deposit such sum whichshall be a minimum of twenty per cent of the fine orcompensation awarded by the trial Court:PROVIDED that the amount payable under this sub-section shall be in addition to any interim compensation paidby the appellant under Section 143A.(2) The amount referred to in sub section (1) shall bedeposited within sixty days from the date of the order, orwithin such further period not exceeding thirty days as maybe directed by the Court on sufficient cause being shown bythe appellant.5/9 https://www.mhc.tn.gov.in/judis (3) The Appellate Court may direct the release of theamount deposited by the appellant to the complainant at anytime during the pendency of the appeal:PROVIDED that if the appellant is acquitted, the Courtshall direct the complainant to repay to the appellant theamount so released, with interest at the bank rate as publishedby the Reserve Bank of India, prevalent at the beginning of therelevant financial year, within sixty days from the date of theorder, or within such further period not exceeding thirty daysas may be directed by the Court on sufficient cause beingshown by the complainant."7. On plain reading of Section 148 of the Negotiable Instruments Act, it is veryclear that the appellate Court may order the accused to deposit a minimum of 20% ofthe fine amount or the compensation awarded by the trial Court and if the saidamount is deposited within 60 days from such order, the said Court may direct torelease the amount in deposit made by the accused to the complainant during thependency of the appeal, and while releasing such amount, the complainant must bedirected to repay the said amount in the event of acquittal of the accused with interestat the bank rate which was prevailing during the said period.6/9 https://www.mhc.tn.gov.in/judis

8. It is settled proposition that as per the Act, the "appellate Court", which alsoincludes this Court and which is exercising all the powers as enumerated underSection 401 of Cr.P.C. This Court while considering the revision, can also exercise thepower under Section 386 of Cr.P.C. and other incidental provisions. For speedydisposal of the cheque bounce cases, the Act has been amended from time to time bythe Central Government as there are delaying tactics of unscrupulous drawers ofdishonoured cheques due to easy filing of appeals and obtaining the stay and inorder to avoid injustice caused to the complainant. Already there is a concurrentfinding of both Courts and there is a deposit of 50% of the cheque amount. Thepetitioner is aged 70 years and has been agitating for his cheque amount for the past7 years. The petitioner wants to withdraw Rs.2,95,720/- deposited by therespondent/petitioner as per order of this Court. I am of the considered view thatwhen the enactment has been made as a beneficial legislation, to protect the interestof the complainant and provide relief and to avoid and discourage frivolous appealsand litigations, the petitioner may be permitted to withdraw the deposit amount andtherefore, I am inclined to allow this petition on conditions. 7/9 https://www.mhc.tn.gov.in/judis

9. In the result, this petition is allowed and the petitioner is permitted towithdraw Rs.2,95,720/- (Rupees Two lakhs ninety five thousand seven hundred andtwenty only) deposited by the respondent to the credit of S.T.C.No.137 of 2018 on thefile of the learned Judicial Magistrate, Thiruvaiyaru on the following conditions:(i) The petitioner/complainant has to execute a bond for asum of Rs.2,95,720/- (Rupees Two lakhs ninety five thousand sevenhundred and twenty only) with one surety for the like sum to thesatisfaction of the Judicial Magistrate Court, Thiruvaiyaru;(ii) The petitioner/complainant shall file an undertakingaffidavit that if the respondent/accused is acquitted in this case, thepetitioner/complainant has to repay the said amount with interestat the bank rate as on the date of release. Sd/- 18/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. vsd8/9 https://www.mhc.tn.gov.in/judis TO1 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE(PCR), THANJAVUR, THANJAVUR DISTRICT.2 THE JUDICIAL MAGISTRATE, THIRUVAIYARU3 DO-THROUGH-THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.+1 CC to M/s.C.SURESH KANNAN, Advocate ( SR-1779[I] dated 18/02/2025 )+1 CC to M/s.A.HAJAMOHIDEEN, Advocate ( SR-1789[I] dated 18/02/2025 ) ORDER IN CRL MP(MD) NO. 14357 of 2024 INCRL RC(MD) NO. 1048 OF 2024 Date :18/02/2025ES/VR/SAR /28.02.2025/9P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 9/9