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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2021
CORAM :
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.No.1086 of 2021
AGAMADOU IBRAGUIME SHUAID
SIRADI TRADERS, NO.12, LEMAIRE STREET,
KARAIKAL, PONDICHERRY-609 602. ...PETITIONER
Vs.
BRAVO LOGISTICS PVT LTD,
REP BY MANAGING DIRECTOR Mr.MADHAN KUMAR,
BLOCK D, 10TH FLOOR, EGA TRADE CENTRE,
NEW NO.318, OLD NO.809, P.H.ROAD, KILPAUK, CHENNAI-10
...RESPONDENT
Prayer: Criminal Original Petition filed under Section 482 of
Cr.P.C. to modify the conditions imposed by the learned principal
sessions judge city civil court chennai by its order in Crl
MP.No.27446/2019 in Crl A No.421/2019 dated 13.12.2019 as
further the petitioner shall deosit a sum of Rs.2 00 000/- to the
credit of C.C.No. On the file of the Trial Court within the stipulatd
period of time prescribed by the Hon'ble Court instead of further
the petitioner shall deposit 20% of the cheque amount to the
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credit of CC number on the file of the Trial Court within sixty days
from the date of this order.
For Petitioner : Mr.S.Kumaradevan
ORDER
This petition has been filed seeking for extension of time to deposit 20% of the compensation amount imposed as a condition by the Court below for granting suspension of sentence in favour of the petitioner.
2. The petitioner faced trial before the Metropolitan Magistrate, Fast Track Court, Egmore, Allikulam, Chennai for an offence under Section 138 of the Negotiable Instruments Act. The trial Court by judgment dated 08.11.2019 convicted the petitioner and sentenced him to undergo 6 months simple imprisonment and directed the petitioner to pay Rs.43,73, 398/- along with Rs.10,00,000/- as compensation within a period of 2 months, in default to undergo simple imprisonment consecutively.
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3.Aggrieved by the said judgment, the petitioner filed an appeal before the Principal Sessions Judge, City Civil Court, Chennai. Along with the appeal, the petitioner also filed a petition for suspension of sentence. The appellate Court by an order dated 13.12.2019 suspended the sentence by imposing certain conditions. One of the conditions imposed by the appellate Court was that the petitioner should deposit 20% of the compensation amount ordered by the trial Court. The petitioner was given three months time to make this deposit.
4.The learned counsel for the petitioner submitted that the petitioner was not able to arrange for making this deposit due to financial constrains and therefore, the present petition has been filed seeking for extension of time. The learned counsel further submitted that the petitioner will deposit this amount within a period of two weeks from today.
5.Taking into consideration the facts and circumstances of the case, this Criminal Original Petition is disposed of with a https://www.mhc.tn.gov.in/judis/ 4 direction to the petitioner to deposit 20% of the compensation amount ordered by the trial Court, within a period of two weeks from today. The other conditions imposed by the appellate Court shall stand as it is. It is made clear that if the petitioner fails to deposit the amount within the time stipulated by this Court, the suspension of sentence granted in favour of the petitioner shall stand cancelled automatically without any further reference to this Court.
27.01.2021 Index :Yes/No Internet:Yes/No Note:Issue order copy on 27.01.2021 rka N.ANAND VENKATESH, J.
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1. The Principal Sessions Judge, City Civil Court, Chennai
2.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.1086 of 2021 27.01.2021 https://www.mhc.tn.gov.in/judis/