CRL OP(MD)/24430/2026 of A.Mehala Vs Arulraja on 28 October 2026

ORDER

This Criminal Original Petition has been filed by the appellant in Crl.A.No.140 of 2026, pending on the file of the learned Principal District and Sessions Judge, Thoothukudi, assailing the order dated 07.10.2026 passed in Crl.M.P.No.4366 of 2026, to the limited extent of the condition of deposit imposed therein. __________

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CRL OP(MD) No. 24430 of 2026

2. The facts, which are necessary for the disposal of this petition, are briefly stated as follows:- On a complaint lodged by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, the petitioner was tried in C.C.No.88 of 2016 on the file of the learned Judicial Magistrate (Fast Track Court, Magistrate Level), Tuticorin. By judgment dated 22.07.2026, the trial Court found the petitioner guilty and sentenced her to undergo simple imprisonment for a period of one year and further directed her to pay a compensation of Rs.18,09,500/- within a period of one month, in default, to undergo simple imprisonment for a further period of two months.

3. Challenging the said conviction and sentence, the petitioner preferred Crl.A.No.140 of 2026 before the learned Principal District and Sessions Judge, Thoothukudi, and simultaneously filed Crl.M.P.No.4366 of 2026 under Section 430(1) of BNSS, seeking suspension of the sentence pending disposal of the appeal. The Appellate Court, by order dated 07.10.2026, suspended the sentence on condition that the petitioner shall execute a bond for a sum of __________

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CRL OP(MD) No. 24430 of 2026 Rs.10,00,000/- with two sureties each for a like sum to the satisfaction of the trial Court. In addition, the petitioner was directed to deposit a sum of Rs.3,61,900/-, being 20% of the compensation amount awarded by the trial Court.

4. Aggrieved only by the condition directing deposit of Rs.3,61,900/-, the petitioner is before this Court.

5. The learned counsel for the petitioner would contend that the petitioner had specifically raised several grounds, both in the memorandum of appeal and in the petition for suspension of sentence, seeking exemption from the deposit of 20% of the compensation amount. However, the Appellate Court, without adverting to any of those grounds, has mechanically imposed the said condition.

6. The learned counsel would further submit that when the petitioner has made out a prima facie case for suspension of sentence, the imposition of a pre-condition to deposit 20% of the amount is onerous and is unsustainable in law. In support of his contentions, the learned counsel placed reliance upon the following decisions:- __________

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CRL OP(MD) No. 24430 of 2026

(i) Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd. and others, reported in 2023 INSC 822;

(ii) Muskan Enterprises Vs. The State of Punjab, reported in 2024 INSC 1046; and

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

7. This Court has given its anxious consideration to the submissions made by the learned counsel for the petitioner and perused the materials available on record.

8. The question as to whether the deposit contemplated under Section 148 of the Negotiable Instruments Act is to be insisted upon as a matter of course, while suspending the sentence pending appeal, is no longer res integra. This Court, in C.R.Balasubramanian Vs. P.Eswaramoorthi (2024:MHC:5897), decided on 22.01.2024 in Crl.O.P.No.947 of 2024, after referring to the law laid down by the Hon'ble Supreme Court, has held as follows:- __________

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CRL OP(MD) No. 24430 of 2026 "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."

9. A perusal of the records reveals that the petitioner had raised specific grounds in her petition for suspension of sentence seeking exemption from the deposit. It was pleaded that she is a widow, that she has no independent source of income and that she has no criminal antecedents. However, the impugned order dated 07.10.2026 does not even advert to these grounds, much less render any finding thereon. It is thus manifest that the Appellate Court has failed to apply its mind to the grounds raised by the petitioner. The impugned order, to that extent, runs contrary to the principles laid down above and cannot be sustained. Consequently, this Court is of __________

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CRL OP(MD) No. 24430 of 2026 the considered view that the matter has to be remitted to the Appellate Court for fresh consideration of the plea of the petitioner seeking exemption from depositing 20% of the compensation amount.

10. The Appellate Court shall consider the grounds raised by the petitioner and pass a reasoned order on merits and in accordance with law.

11. In the result,

(a) the order dated 07.10.2026 passed in Crl.M.P.No.4366 of 2026 is set aside insofar as it directs the petitioner to deposit 20% of the compensation amount, viz., Rs.3,61,900/-; and (b)Crl.M.P.No.4366 of 2026 is remitted to the file of the learned Principal District and Sessions Judge, Thoothukudi, for fresh consideration, limited to the question of deposit, and the same shall be disposed of on merits within a period of four weeks from the date of receipt of a copy of this order. __________

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CRL OP(MD) No. 24430 of 2026

12. This Criminal Original Petition is allowed to the extent indicated above. 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RJR To The learned Principal District and Sessions Judge, Thoothukudi. __________

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CRL OP(MD) No. 24430 of 2026 R.VIJAYAKUMAR, J. RJR CRL OP(MD) No. 24430 of 2026 28-10-2026 __________

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