Madras High Court
Agamadou Ibraguime Shuaid vs Bravo Logistics Pvt Ltd on 27 January, 2021
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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
https://www.mhc.tn.gov.in/judis/
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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.
https://www.mhc.tn.gov.in/judis/
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
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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.
https://www.mhc.tn.gov.in/judis/
rka
To
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/
