Madras High Court
O.R.B.Vikraman vs Balu Agencies on 23 December, 2021
Crl.O.P.(MD)No.13242 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.13242 of 2019
and
Crl.M.P.(MD)No.8126 of 2019
O.R.B.Vikraman ... Petitioner
vs.
Balu Agencies
Represented by its Proprietor Chittibabu ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to
set aside the impugned order directing the petitioner to deposit a sum of
Rs.16,75,938/- (50% of the compensation amount) before the learned
Judicial Magistrate, Aruppukottai in Cr.M.P.No.2714 of 2019 in C.A.No.
76 of 2019 on the file of the learned Additional Sessions Judge,
Virudhunagar against C.C.No.102 of 2014 on the file of the learned
Judicial Magistrate, Aruppukottai.
For Petitioner : Mr.A.Michael Bharathi
For Respondent : Mr.M.Jothi Basu
https://www.mhc.tn.gov.in/judis
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Crl.O.P.(MD)No.13242 of 2019
ORDER
This Criminal Original Petition has been filed seeking orders to
set aside the order passed in Cr.M.P.No.2714 of 2019 dated 16.08.2019
on the file of the learned Principal District & Sessions Judge,
Virudhunagar District at Srivilliputtur, directing the petitioner to deposit
a sum of Rs.16,75,938/- before the trial Court within a period of two
weeks, while suspending the sentence imposed by the trial Court.
2.It is not in dispute that the petitioner has been convicted and
sentenced to undergo rigorous imprisonment for a period of two years
and was also directed to pay the cheque amount of Rs.33,51,876/- with
usual default clause for the offence under Section 138 of NI Act by the
learned Judicial Magistrate, Aruppukottai in C.C.No.102 of 2014 vide
judgment dated 30.07.2019.
3.Aggrieved by the same, the petitioner has preferred an appeal
before the learned Principal Sessions Judge, Srivilliputhur in C.A.No.76
of 2019 along with the application in Cr.M.P.No.2714 of 2019 seeking
suspension of sentence of imprisonment and for bail. The learned
Principal District & Sessions Judge, Virudhunagar District at
Srivilliputtur has passed the impugned order dated 16.08.2019
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13242 of 2019
suspending the imprisonment till the disposal of an appeal, directed the
petitioner to deposit a sum of Rs.16,75,938/- being the 50% of the
compensation awarded by the trial Court.
4.When the matter is taken up for hearing today, the learned
counsel for the petitioner would submit that the petitioner is ready to
deposit 20% of the amount, ordered by the Sessions Court.
5.The learned counsel for the respondent would submit that the
petitioner may be directed to deposit 20% of the compensation amount
awarded by the trial Court, for which the learned counsel for the
petitioner has also agreed.
6.Considering the above facts and circumstances, the petitioner is
directed to deposit a sum of Rs.6,70,375/- (Rupees Six Lakhs Seventy
Thousand Three Hundred and Seventy Five only) being the 20% of the
compensation amount ordered by the trial Court before the trial Court
within a period of four weeks from the date of receipt of a copy of this
order and other conditions imposed by the learned Principal District &
Sessions Judge, Virudhunagar District at Srivilliputtur, stand unaltered.
On such deposit, the respondent is directed to withdraw the said amount.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13242 of 2019
7.With the above direction, this Criminal Original Petition is
disposed of. Consequently, connected miscellaneous petition is closed.
23.12.2021
Index : Yes/No
Internet : Yes/No
csm
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy of
the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13242 of 2019
K.MURALI SHANKAR, J.
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Crl.O.P.(MD)No.13242 of 2019
and
Crl.M.P.(MD)No.8126 of 2019
23.12.2021
https://www.mhc.tn.gov.in/judis
