Madras High Court
Sivasankar vs K.Sakthivel on 5 January, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2021
CORAM :
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.No.21167 of 2020
Sivasankar .. Petitioner
Vs.
K.Sakthivel .. Respondent
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to
extend the time to the petitioner to comply the condition passed in
Crl.M.P.No.3047 of 2020 in Crl.M.P.No.3633 of 2020 dated 09.10.2020
passed by the Principal Sessions Judge of Kancheepuram District at
Chengalpattu.
For Petitioner : Mr.M.Jaikumar
ORDER
This petition has been filed seeking for extension of time to
deposit Rs.1,47,000/- towards part of compensation amount imposed as
a condition by the Court below for granting suspension of sentence in
favour of the petitioner.
https://www.mhc.tn.gov.in/judis/
2. The petitioner faced trial before the Judicial Magistrate,
Fast Track Court (Magisterial Level), Alandur, for an offence under
Section 138 of the Negotiable Instruments Act. The trial Court by
judgment dated 05.03.2020 convicted the petitioner and sentenced him
to undergo 6 months simple imprisonment and directed the petitioner
to pay compensation of a sum of Rs.5,58,000/- as compensation within
a period of one month, in default to undergo 30 days simple
imprisonment.
3. Aggrieved by the said judgment, the petitioner filed an
appeal before the Principal Sessions Judge, Kancheepuram District at
Chengalpattu. Along with the appeal, the petitioner also filed a
petition for suspension of sentence. The appellate Court by an order
dated 09.10.2020 suspended the sentence by imposing certain
conditions. One of the condition imposed by the appellate Court was
that the petitioner should deposit Rs.1,47,000/- towards part of
compensation amount ordered by the trial Court. The petitioner was
given one month time to make this deposit.
https://www.mhc.tn.gov.in/judis/ 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 ten days
from today.
5.Taking into consideration the facts and circumstances of the
case, this Criminal Original Petition is disposed of with a direction to
the petitioner to deposit Rs.1,47,000/- towards part of compensation
amount ordered by the trial Court within a period of one week from the
date of receipt of copy of this order. 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.
05.01.2021
Index :Yes/No
Internet:Yes/No
ssr/msr
Note:Issue order copy on 06.01.2021
https://www.mhc.tn.gov.in/judis/
N.ANAND VENKATESH, J.
ssr
To
1. The Principal Sessions Judge of Kancheepuram District,
Chengalpattu.
2. The Judicial Magistrate,
Fast Track Court (Magisterial Level),
Alandur.
3.The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.21167 of 2020
05.01.2021
https://www.mhc.tn.gov.in/judis/
