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TMI Blog2023 (7) TMI 1057X X X X Extracts X X X X X X X X Extracts X X X X ..... Negotiable Instruments Act in S.T.C.No.170/2019 and S.T.C.No.171/2019 before the learned Judicial Magistrate, Fast Track Court No.1, Erode. After full-fleged trial in both the cases, the petitioner was convicted by the Trial Court by judgment dated 10.10.2022. In S.T.C.No.170 of 2019, the petitioner was sentenced to undergo three months simple imprisonment and to pay a sum of Rs.2,00,00,000/- towards compensation to the respondent. In S.T.C.No.171 of 2019, the petitioner was sentenced to undergo three months simple imprisonment and to pay a sum of Rs.1,59,68,318/- as compensation to the respondent. Aggrieved against the same, the petitioner filed appeals in C.A.Nos.215/2022 and 216/2022 and he also filed petitions for suspension of sentence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e obtained pursuant to the criminal case, the petitioner's duress and after his release on bail and in such circumstances, no compensation ought to have been ordered. Putting these facts, the petitioner approached the Sessions Court. The learned Principal Sessions Judge, Erode, not considered the same and in a routine manner, had suspended the sentence with a condition to the petitioner to pay 20% of the cheque amount. He further submitted that imposing condition of 20% of the cheque amount under Section 143A of the NI Act without assigning any reason is not correct. Hence the order of the Court below has to be set aside. In support of his contention, the learned counsel for the petitioner placed reliance on the decisions of this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied with the condition and successfully avoiding the conviction passed by the Trial Court for the past eight months. Learned counsel for the respondent further submitted that the Apex Court in the case of Surinder Singh Deswal Alias Colonel S.S.Deswal and others vs. Virender Gandhi reported in [2019] 11 SCC 341 held that deposit of 20% of fine amount as compensation can be ordered either on an application filed by the complainant or even on the application filed by the appellant/accused under Section 389(1) of Cr.P.C. seeking suspension of sentence. Hence, the order passed by the Sessions Court is proper in order, needs no interference. 5. Considering the submissions made and on perusal of the materials, it is seen that the petitioner has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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