CRL OP(MD)/23106/2026 of Preethiloshini Vs R.Balakrishnan on 16 October 2026

COMMON ORDER

The petitioner, who is the appellant in Crl.A.No.91 of 2026 pending on the file of the learned Principal Sessions Judge, Sivagangai, has come forward with these two Criminal Original Petitions, assailing the order dated 25.08.2026 made in Crl.M.P.No.1968 of 2026 and the order dated 15.09.2026 made in Crl.M.P.No.2385 of 2026. Since the issue involved in both the petitions is one and the same, they were taken up together and are disposed of by this common order.

2. The facts, shorn of unnecessary details, are as follows:

(i) .On a complaint preferred under Sections 138 and 142 of the Negotiable Instruments Act, the petitioner came to be convicted in C.C.No.50 of 2024 by judgment dated 30.06.2026. She was sentenced to undergo simple imprisonment for a period of one year and was further directed to pay a sum of Rs.5,00,000/- as compensation to the complainant within one month, the cheque amount being Rs.3,00,000/-.

In default of payment of compensation, she was directed to undergo simple imprisonment for a further period of one week.

3. Aggrieved by the said judgment of conviction and sentence, the petitioner preferred Crl.A.No.91 of 2026 before the learned Principal Sessions Judge, Sivagangai, and along with the appeal, moved Crl.M.P.No.1968 of 2026 under Section 430(1) of BNSS seeking suspension of sentence. By order dated 25.08.2026, the Appellate Court suspended the sentence on condition that the petitioner shall execute a bond for Rs.10,000/- with two sureties each for a like sum to the satisfaction of the trial Court, and on the further condition that she shall deposit 20% of the cheque amount within a period of 30 days from the date of the order.

4. Thereafter, the petitioner filed Crl.M.P.No.2385 of 2026 on 01.09.2026, praying to modify / relax the condition imposed in the order dated 25.08.2026 by dispensing with the requirement of depositing 20% of the cheque amount. The said petition came to be dismissed by order dated 15.09.2026.

5. It is the condition of deposit of 20% of the cheque amount imposed in the order dated 25.08.2026 in Crl.M.P.No.1968 of 2026, and the refusal to relax the same by order dated 15.09.2026 in Crl.M.P.No.2385 of 2026, that are under challenge in these petitions.

6. In support of his submissions, the learned counsel for the petitioner placed reliance upon the following decisions:

(i) The order of the Hon'ble Supreme Court reported in 2023 INSC 822 ( Jamboo Bhandari Vs.M.P.State Industrial Development Corporation Ltd., & Ors)

(ii) The order of this Court in Crl.O.P.No.947 of 2024 dated 22.01.2024 (C.R.Balasubramanian Vs.P.Eswaramoorthi)

(iii) The order of the Hon'ble Supreme Court dated 19.12.2024 ( Muskan Enterprises Vs.The State of Punjab) reported in 2024 INSC 1046;

7. Placing reliance on the above decisions, the learned counsel for the petitioner submitted that the Appellate Court ought not to have mechanically imposed a condition to deposit 20% of the cheque amount, without adverting to the grounds raised by the petitioner and the peculiar facts and circumstances of the case brought to its notice. He therefore prayed that both the impugned orders, insofar as they direct the deposit of 20% of the cheque amount, may be set aside.

8. The learned counsel further submitted that when the petitioner has made out a prima facie case for suspension of sentence, imposing a precondition to deposit 20% of the cheque amount is onerous and is not sustainable in law.

9. This Court has heard the learned counsel appearing for the petitioner and carefully perused the materials available on record.

10. The issue as to whether the deposit under Section 148 of the Negotiable Instruments Act can be insisted upon as a matter of course is no longer res integra. This Court, in its judgment reported in 2024:MHC:5897 dated 22.01.2024 in Crl.O.P.No.947 of 2024 (C.R.Balasubramanian Vs. P.Eswaramoorthi), has observed as follows: “Before drawing the curtains in this case, this Court thought it fit to bring to the notice of the District Judiciary the above two judgments,particularly, the judgment of the Apex Court. While dealing with an application for suspension of sentence or for grant of bail when an appeal is filed against the conviction for offence u/s.138 of the Negotiable Instruments Act, the Courts must not mechanically impose a condition of deposit of 20% of the compensation amount/cheque amount u/s.148 of the Negotiable Instruments Act. When any ground has been raised by the appellant for reducing the percentage or for exempting the deposit of such amount, it has to be dealt with by the appellate Court and a reasoned order must be passed if the Court wants to direct the appellant to deposit 20% of the compensation amount/cheque amount. A copy of this order shall be circulated to all the Principal District Courts across the State of Tamil Nadu.”

11. A perusal of the grounds of appeal in Crl.A.No.91 of 2026 shows that the petitioner has raised several grounds and has specifically sought exemption from depositing the cheque amount / compensation amount. However, neither in the order passed in Crl.M.P.No.1968 of 2026 nor in the order passed in Crl.M.P.No.2385 of 2026 has the Appellate Court considered those grounds. In the order dated 15.09.2026, the Appellate Court has merely observed that no satisfactory reason has been assigned by the petitioner for relaxing the condition. It is thus evident that the Appellate Court has not applied its mind to the grounds raised by the petitioner. The impugned orders, therefore, run contrary to the dictum laid down above, and this Court is inclined to remit the matter back to the Appellate Court to consider afresh the plea of the petitioner seeking exemption from depositing 20% of the amount.

12. The Appellate Court shall consider the grounds raised by the petitioner and pass appropriate orders on its own merits and in accordance with law.

13. In the result, this Court passes the following order:

(a) The order dated 25.08.2026 passed in Crl.M.P.No.1968 of 2026 is set aside insofar as it imposes a condition to deposit 20% of the cheque amount;

(b) The order dated 15.09.2026 passed in Crl.M.P.No.2385 of 2026 in Crl.A.No.91 of 2026 on the file of the learned Principal Sessions Judge, Sivagangai, is set aside;

(c) Crl.M.P.No.2385 of 2026 is remitted back to the file of the learned Principal Sessions Judge, Sivagangai, for fresh consideration on merits, and the same shall be disposed of within a period of four weeks from the date of receipt of a copy of this order; (d)Both the Criminal Original Petitions are allowed to the extent indicated above. Consequently, the connected miscellaneous petition is closed. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No msa To The Principal Sessions Judge Sivagangai

R.VIJAYAKUMAR, J. msa CRL OP(MD) Nos. 23106 & 23107 of 2026 AND CRL MP(MD) No. 21945 of 2026 16-10-2026