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2023 (7) TMI 1057 - MADRAS HIGH COURTDishonour of Cheque - suspense of sentence subject to deposit of 20% of cheque amount - contention of the petitioner is that the Trial Court had not properly considered the evidence in its proper perspective - HELD THAT:- It is seen that the petitioner has filed these petitions on a wrong notion that the order passed by the Principal Sessions Judge, Erode, is under Section 143A of NI Act. Section 143A of NI Act provides power to direct interim compensation at the stage of trial on sufficient cause being shown by the drawer of the cheque. In Sub-section (2) of Section 143A of NI Act, it is clear that the interim compensation under sub-section (1) shall not exceed 20% of the amount of the cheque. Under Sub-section (1) of Section 148 of NI Act, it is the Appellate Court may order the appellant to deposit minimum of 20% of the fine or compensation awarded by the Trial Court. At the stage of trial, interim compensation shall not exceed 20% of the amount of the cheque on sufficient cause being shown by the drawer of the cheque and on the other hand, in the appellate stage this 20% is the minimum amount to be deposited as interim compensation and the condition of sufficient cause is not provided for the reason that the accused after trial, convicted by the Trial court and on conviction, prefers the appeal. This being so, the petitioner doubting the order of the learned Sessions Judge and camouflaging the same to be an order under Section 143A of NI Act is not proper and sustainable. Petition dismissed.
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