Madras High Court
Pandaribai vs State Represented By on 16 December, 2021
CRL.O.P.Nos.24543 & 24553 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.Nos.24543 & 24553 of 2021
Pandaribai ... Petitioner in Crl.O.P.No.24543 of 2021
Kanthan ... Petitioner in Crl.O.P.No.24553 of 2021
Versus
State Represented by,
The Inspector of Police,
Chit and Prohibition of Exorbitant Interest Zone,
Central Crime Branch,
Vepery, Chennai.
Crime No.54/2015. ... Respondent in both cases
COMMON PRAYER: Criminal Original Petitions filed under Section 482
of the Code of Criminal Procedure, to modify the condition in
Crl.M.P.Nos.5347 & 5348 of 2021 in C.A.Nos.91 & 92 of 2021 on the
file of the Principal District & Sessions Judge, Thiruvallur in respect of
the condition i.e., “to deposit 20% of the compensation amount before the
trial Court to the credit of C.C.No.111/2016 within period of one month.
In default of deposit of the compensation amount, the order passed will
stand cancelled automatically”.
For Petitioner
in Crl.O.P.No.24543 of 2021 : Mr.P.Suresh Babu
For Petitioner
in Crl.O.P.No.24553 of 2021 : Mr.A.V.Rakesh
Page No.1 of 8
https://www.mhc.tn.gov.in/judis
CRL.O.P.Nos.24543 & 24553 of 2021
For Respondent : Mr.E.Raj Thilak,
Additional Public Prosecutor
*****
COMMON ORDER
Criminal Original Petitions have been filed to modify the condition
in Crl.M.P.Nos.5347 & 5348 of 2021 in C.A.Nos.91 & 92 of 2021
imposed by the learned Principal District and Sessions Judge, Thiruvallur
that “the petitioners to deposit 20% of the compensation amount before
the trial Court to the credit of C.C.No.111 of 2016, within period of one
month. In default of deposit of the compensation amount, the order
passed will stand cancelled automatically”.
2.The petitioners were convicted by the learned Judicial Magistrate
No.I, Poonamallee, (trial Court) by judgment, dated 01.11.2021 in
C.C.No.111 of 2016. For offence under Section 406 IPC, the petitioners
sentenced to undergo two years Rigorous Imprisonment and for offence
under Section 420 IPC, the petitioners sentenced to undergo two years
Rigorous Imprisonment and to pay a sum of Rs.49,94,400/- (Rupees forty
nine lakhs ninety four thousand and four hundred only), in default of
https://www.mhc.tn.gov.in/judis
CRL.O.P.Nos.24543 & 24553 of 2021
payment, to undergo simple imprisonment for five months. As against
the judgment of the trial Court, dated 01.11.2021, the petitioners
preferred appeals before the learned Principal District and Sessions
Judge, Thiruvallur (lower appellate Court) in C.A.Nos.91 & 92 of 2021
and also filed petitions for suspension of sentence in Crl.M.P.Nos.5347 &
5348 of 2021 in C.A.Nos.91 & 92 of 2021. The lower appellate Court,
by order, dated 03.12.2021 admitted the appeals and in
Crl.M.P.Nos.5347 & 5348 of 2021 in C.A.Nos.91 & 92 of 2021, directed
the petitioners to deposit 20% of the compensation amount to the credit
of C.C.No.111 of 2016 each before the trial Court, within a period of one
month, against which, the present Criminal Original Petitions have been
filed.
3.The learned counsel for the petitioners submitted that the
condition imposed by the lower appellate Court is an onerous one. The
petitioners were on bail during investigation and trial. The learned
counsel further submitted that the trial Court suspended the sentence of
the petitioners till filing of the appeal. The petitioners have valid grounds
https://www.mhc.tn.gov.in/judis
CRL.O.P.Nos.24543 & 24553 of 2021
in succeeding the appeals. The deposit of 20% of the compensation
amount would prejudge the appeals before the lower appellate Court and
great prejudice would be caused. The trial Court merely on surmises and
conjectures, had convicted the petitioners without properly analyzing the
evidence and materials during trial. The petitioners are got no resources
to make such huge amount of 20% of Rs.49,94,4000/-. The lower
appellate Court directed the petitioners to deposit 20% of the
compensation amount each, which works out to 40% of the compensation
amount and it is exorbitant. If the petitioners failed to deposit such huge
amount, their suspension of sentence would automatically stand
cancelled. Hence, the condition of the lower appellate Court is onerous
one and he prays for modification of the condition imposed by the lower
appellate Court.
4.The learned Additional Public Prosecutor appearing for the
respondent strongly objected these petitions that the petitioners by
running unregistered chit, collected huge sums of money in the name of
Deepavali fund and thereby, cheated several persons. During trial, PW1
https://www.mhc.tn.gov.in/judis
CRL.O.P.Nos.24543 & 24553 of 2021
to PW17 examined, who are the victims lost their money. They have
clearly deposed that the petitioners by conducting unregistered chit,
cheated them. Thus, the petitioners collected huge sums of money from
the victims in a deceitful manner, concealed the amount and got
benefited. The amount ordered to be deposited by the petitioners, is only
to the benefit of the victims, who have lost their hard-earned money.
Hence, he strongly objected for modification of the condition imposed by
the lower appellate Court.
5.This Court has considered the rival submissions and perused the
materials available on record.
6.The petitioners were convicted by the learned Judicial Magistrate
No.I, Poonamallee, (trial Court) by judgment, dated 01.11.2021 in
C.C.No.111 of 2016. Now, the appeals filed by the petitioners are
admitted by the lower appellate Court in C.A.Nos.91 & 92 of 2021. It is
a statutory appeal. It is seen that the petitioners were on bail during
investigation and trial. After convicting the petitioners, the trial Court had
https://www.mhc.tn.gov.in/judis
CRL.O.P.Nos.24543 & 24553 of 2021
suspended the sentence of the petitioners till filing of the appeals before
the lower appellate Court. The lower appellate Court suspended the
sentence of the petitioners with a condition to deposit of 20% of the
compensation amount to the credit of C.C.No.111 of 2016, which is an
onerous condition.
7.Considering the submissions made by the parties, this Court is
inclined to modify the compensation amount alone.
8.The condition of the lower appellate Court, by order, dated
03.12.2021 directing the petitioners to deposit 20% of the compensation
amount is modified to the effect that the petitioners to deposit
Rs.5,00,000/- each (totally Rs.10,00,000/-) on or before 17.02.2022 to
the credit of C.C.No.111 of 2016, on the file of Judicial Magistrate Court
No.I, Poonamallee, by way of fixed deposit in a nationalized bank for a
minimum period of one year, which is renewable.
https://www.mhc.tn.gov.in/judis
CRL.O.P.Nos.24543 & 24553 of 2021
9.The petitioners to appear before the lower appellate Court on
05.01.2022 and file a memo to that effect. It is made clear that no
extension of time would be granted under any circumstances. In case of
default of payment by the petitioners, the respondent Police to take
custody of the petitioners since there would be no suspension of
sentence/bail in force.
10.The trial Court is directed to transmit the entire case records in
C.C.No.111 of 2016 to the file of the Principal District and Sessions
Court, Thiruvallur, who shall hear the appeals and dispose the same,
without delay, preferably within a period of six months.
11.With the above directions, both Criminal Original Petitions are
disposed of.
16.12.2021
Index: Yes/No
Internet: Yes/No
vv2
https://www.mhc.tn.gov.in/judis
CRL.O.P.Nos.24543 & 24553 of 2021
M.NIRMAL KUMAR, J.
vv2
To
1.The Principal District and Sessions Court,
Thiruvallur.
2.The Inspector of Police,
Chit and Prohibition of Exorbitant Interest Zone,
Central Crime Branch,
Vepery, Chennai.
3.The Public Prosecutor,
High Court, Madras.
CRL.O.P.Nos.24553 & 24543 of 2021
16.12.2021
https://www.mhc.tn.gov.in/judis
