P.D.Appachan vs S.A.Chandrasekaran
2021 Latest Caselaw 477 Mad

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                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 06.01.2021

                                                        CORAM

                                   THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH

                                              Crl.O.P.No.20625 of 2020


                     P.D.Appachan,
                     Proprietor of SWARGACHITRA,
                     Producers and Distributors,
                     17/1146, Sastha Buildings,
                     Jail Road, Calicut 673 004.                                  ... Petitioner

                                                            Vs.

                     S.A.Chandrasekaran                                          ... Respondent


                     PRAYER: Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure, to exempt the petitioner from personally
                     appearing before the learned Metropolitan Magistrate, FTC-V,
                     Saidapet, Chennai for the purpose of executing bond as per the orders
                     of the learned Principal Sessions Judge, Chennai in Crl.M.P.No.11009
                     of 2020 in C.A.No.109 of 2020.


                                           For Petitioner        : Mr.S.M.Muralidharan




https://www.mhc.tn.gov.in/judis/
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                                                      ORDER

This Criminal Original Petition has been filed seeking for

modification of the condition imposed by the Court below while

suspending the sentence imposed against the petitioner for an

offence under Section 138 of Negotiable Instruments Act.

2. The petitioner was convicted and sentenced for an offence

under Section 138 of Negotiable Instruments Act by judgment of the

Metropolitan Magistrate, Fast Track Court No.V, Saidapet, dated

25.09.2020.

3. The petitioner filed an appeal before the Sessions Court at

Chennai in Criminal Appeal No.109 of 2020. A petition for suspension

of sentence was also filed and the learned Principal Sessions Judge, by

an order dated 9.11.2020, suspended the sentence by imposing a

condition that the petitioner should execute a bond for a sum of

Rs.10,000/- with two sureties for a likesum and a further condition

that the petitioner should deposit 20% of the cheque amount to the

credit of the calender case within a period of 60 days from the date

of the order.

https://www.mhc.tn.gov.in/judis/

4. The learned counsel for the petitioner submitted that the

petitioner is suffering from some illness and considering the pandemic

situation, he was advised not to travel from Kerala to Chennai. The

learned counsel therefore submitted that the personal appearance

of the petitioner to execute the bond must be dispensed with.

5. In the considered view of this Court, the petitioner has

already been convicted for an offence under section 138 of the

Negotiable Instrument Act. At the time of seeking for suspension of

sentence, the court below has rightly imposed the conditions and

there is absolutely no ground to interfere with the same.

6. Taking into consideration the facts and circumstances of the

case, there shall be a direction to the petitioner to surrender before

the learned Metropolitan Magistrate, Fast Track Court V, Chennai on

or before 25.01.2021 and execute the bond with sureties as directed

by the Court below. It is also made clear that the petitioner will

deposit 20% of the cheque amount as directed by the Court below on

or before 25.1.2021. It is made clear that if the petitioner fails to https://www.mhc.tn.gov.in/judis/

comply with the orders passed by this Court, the suspension of

sentence granted by the Court below will automatically stand

cancelled and the petitioner will have to face the consequences.

7. This Criminal Original Petition is disposed with the above

directions.

06.01.2021 msr Index: Yes/No Internet: Yes/No

Note: Issue order copy on 8.1.2021

https://www.mhc.tn.gov.in/judis/

N. ANAND VENKATESH, J.

msr

Crl.O.P.No.20625 of 2020

06.01.2021

https://www.mhc.tn.gov.in/judis/