Madras High Court
Amsha vs S.Ponmudi on 7 April, 2021
CRL.O.P.No.6312 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.6312 of 2021
Amsha ... Petitioner
Versus
S.Ponmudi ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to set aside the Docket Order passed by the
learned Principal District and Sessions Judge, Krishnagiri dated
03.03.2021 and direct the learned Judge to restore the
Crl.M.P.No.340/2021 and the appeal.
For Petitioner : Mr.Sunder Mohan
*****
ORDER
The petitioner was convicted under Section 138 of the Negotiable
Instruments Act and sentenced to undergo one year Simple Imprisonment
and to pay compensation of Rs.10,00,000/- to the respondent, in default
to undergo one months Simple Imprisonment by the learned Judicial
Magistrate, Fast Track Court, Hosur, by judgment, dated 28.12.2020 in
CRL.O.P.No.6312 of 2021
S.T.C.No.168 of 2016. Against which, the petitioner preferred an appeal
before the learned Principal District and Sessions Judge, Krishnagiri
along with the petition to suspend the sentence under Section 389(i)
Cr.P.C. The appeal was not numbered, on the other hand,
Crl.M.P.No.340 of 2021 was assigned for the suspension of sentence
petition. Thereafter, a memo was filed that on 04.02.2021, the petitioner
has deposited 20% of the compensation amount i.e., Rs.2,00,000/- before
the learned Principal District and Sessions Judge, Krishnagiri and
produced the receipt to that effect. Thereafter, the case was listed on
15.02.2021 before the learned Principal District and Sessions Judge,
Krishnagiri and the petitioner was granted suspension of sentence and
ordered the petitioner to execute a bond for sum of Rs.10,000/- with two
sureties on or before 02.03.2021 and list the case on 03.03.2021.
Thereafter, the petitioner has executed the sureties before the trial Court
on 22.02.2021 and subsequently, the case was listed on 03.03.2021
before the learned Principal District and Sessions Judge, Krishnagiri. On
that day, since the petitioner as well as her counsel were unable to appear
due to some constrains, the learned Principal District and Sessions Judge,
CRL.O.P.No.6312 of 2021
Krishnagiri without verifying and giving opportunity, had straight away
dismissed the suspension of sentence petition for default. Not only
stopped with that. On 09.03.2021, the learned Principal District and
Sessions Judge, Krishnagiri returned the appeal memorandum and made
the endorsement as follows:-
“Returned
Suspension of Sentence petition is dismissed for
default. Hence, this appeal memorandum is returned.”
2.Challenging the same, the order, dated 03.03.2021 in
Crl.M.P.No.340 of 2021, the petitioner has filed the above petition.
3.The appeal is a statutory appeal. The lower appellate Court (the
Principal District and Sessions Judge, Krishnagiri ought not to have
returned the appeal on technical ground. On perusal of the records, this
Court finds that numbering the Criminal Miscellaneous Petition without
taking the appeal on file is not proper. It is to be seen that the petitioner
had executed the sureties before the trial Court as per the order dated
CRL.O.P.No.6312 of 2021
15.02.2021 and also deposited the amount of Rs.2,00,000/- on
04.02.2021 and filed the memo on 15.02.2021. Hence, the lower
appellate Court has no authority to dismiss the suspension of sentence
and also return the appeal memorandum.
4.In view of the above, this Court set asides the orders, dated
03.03.2021 and 08.03.2021 passed by the learned Principal District and
Sessions Judge, Krishnagiri and directs the learned Principal District and
Sessions Judge, Krishnagiri to take the appeal on file, number it and
dispose of the same on merits in accordance with law. This Criminal
Original Petition is, accordingly, allowed.
07.04.2021
Index: Yes/No
Internet: Yes/No
vv2
Note: Issue Order Copy on 08.04.2021.
CRL.O.P.No.6312 of 2021
To
1.The Principal District and Sessions Judge,
Krishnagiri.
2.The Judicial Magistrate,
Fast Track Court,
Hosur.
3.The Public Prosecutor,
High Court, Madras.
CRL.O.P.No.6312 of 2021
M.NIRMAL KUMAR, J.
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CRL.O.P.No.6312 of 2021
07.04.2021
