1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition (MD)No.953 of 2011 and M.P.(MD) No.2 of 2011 M.Dhanapalan ... Petitioner / Accused Vs. V.Kumaravinayagam ... Respondent / Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to call for the records in Crl.M.P.No.2919 of 2010 in C.A.No.67 of 2010 dated 23.12.2010 on the file of the Principal Sessions Judge, Dindigul District and set aside the portion of the impugned order to deposit of Rs.75,000/- before the trial Court. For Petitioners :Mr.J.Jeyakumaran For Respondent :Mr.P.Subbaraj O R D E R This petition has been filed by the petitioner to set aside the portion of the impugned order to deposit of Rs.75,000/- passed by the trial Court made in Crl.M.P.No.2919 of 2010 in C.A.No.67 of 2010 dated 23.12.2010 on the file of the Principal Sessions Judge, Dindigul District. 2.Heard Mr.J.Jayakumaran, learned counsel for the petitioner person and Mrs.S.Devasena, the learned Government Advocate (criminal side) appearing for the respondent. 3.The learned counsel appearing for the petitioner would submit in his argument that the petitioner is the convicted accused in C.C.No.414 of 2009 on the file of the learned Judicial Magistrate No.3, Dindigul for the offence under section 138 of the Negotiable Instrument Act. He would further submit that against the said conviction and sentence passed by the learned Judicial Magistrate No.3, Dindigul, the petitioner has preferred an appeal before the learned Principal Sessions Judge, Dindigul District and while suspending the sentence, the learned Principal Sessions Judge, Dindigul directed the petitioner to deposit a sum of Rs.75,000/- before the trial Court on or before 12.01.2011, against which, the present petition has been filed with regard to the quantum of deposit amount. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The learned counsel appearing for the respondent would submit that the order of the learned Principal District judge is valid and no modification is necessary and he requests this court to dismiss the petition. 5. Considering the facts and circumstances of the case, the condition imposed by the lower appellate Court to deposit a sum of Rs.75,000/- seems to be high and onerous, however such condition could be imposed by the said Court, therefore the quantum of the said amount of Rs.75,000/- is reduced and modified as Rs.50,000/- (fupees fifty thousand only) and the petitioner is directed to deposit the said amount within a period of 15 days from the date of receipt of a copy of this order to the credit of the appeal in C.A.No.67 of 2010 pending on the file of the learned Principal Sessions Judge, Dindigul and the same shall be kept in tact till the disposal of the appeal and suitable orders shall be passed in the appeal regarding the disbursement of the deposit, which would be depending upon the result of the appeal. 6.With the aforesaid modification of the quantum of the deposit amount and the time limit for such deposit are modified in the impugned order and in other aspects, the order of the learned Principal District and Sessions Judge, Dindigul is confirmed and the petition is ordered accordingly. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar TO 1.The Principal Sessions Judge, Dindigul. 2.The Judicial Magistrate No.3, Dindigul 3.-DO-Thro' The chief Judicial Magistrate, Dindigul 4.The Sub Inspector of Police, Nilakottai Police Station, Nilakottai, Dindigul District. +1cc to Mr.P.Subbaraj, Advocate, Sr.No.8520 +1cc to Mr.J.Jeyakumaran, Advocate, Sr.No.5360 Crl.O.P.(MD) No.953 of 2011 10.02.2011 arul SMA/21.02.2011/7C/2P https://hcservices.ecourts.gov.in/hcservices/