Madras High Court
G.G.Aswinkumar vs S.Soundar Rajan on 2 August, 2022
Crl.OP.No.7140 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2022
CORAM:
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
Crl.O.P. No.7140 of 2022
G.G.Aswinkumar .. Petitioner
Versus
S.Soundar Rajan .. Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to set aside the docket order dated 15.02.2022 on the file of
the Hon'ble Principal District and Sessions Court, Salem and consequently
direct the Hon'ble Principal District and Sessions Court, Salem to take on
file the Appeal filed in C.A.SR.No.1439 of 2022 dated 20.01.2022 against
the order passed in S.T.C.No.6785 of 2019 on the file of the Learned Juicial
Magistrate No.4, Salem without insisting for the certified copy of the order
passed in S.T.C.No.6785 of 2019 dated 30.12.2021 on the file of the
Learned Judicial Magistrate No.4, Salem along with the petitions filed for
suspension of sentency u/s.389 of Cr.P.C and stay petition from paying
compensation amount.
For Petitioner : Mr.V.Illanchezian
For Respondent : Mr.A.Esakippan
https://www.mhc.tn.gov.in/judis
Page 1 of 5
Crl.OP.No.7140 of 2022
ORDER
This Criminal Original Petition has been filed challenging the docket
order dated 15.02.2022 passed in C.A.SR.No.1439 of 2022 on the file of
Principal District and Sessions Court, Salem returning the appeal on the
ground that since Non Bailable Warrant has already issued against the
petitioner by the Trial Court, the petition is not maintainable.
2. The learned counsel for the petitioner would submit that the first
appellate Court had returned the appeal application on the ground that the
certified copy was not enclosed, wherein, the petitioner was not in
possession with the certified copy of the trial Court judgment in
S.T.C.No.6785 of 2019 dated 30.12.2021. Hence, seeks this Court to direct
the first appellate Court to take the appeal on file without insisting for a
certified copy.
3. Heard both sides and persued the materials placed on record. From
the submissions and also on case file, it appears that the petitioner was
convicted by the Trial Court and sentenced to undergo one year simple
imprisonment for the offences under Section 138 of the Negotiable
Instruments Act and to pay the amount of cheque for a sum of Rs.6,00,000/-.
https://www.mhc.tn.gov.in/judis
Crl.OP.No.7140 of 2022
The accused was absent on the date of pronouncing the judgment, therefore,
the Trial Court has issued a Non Bailable Warrant against the petitioner.
Hence, the petitioner has moved an appeal before the Principal District and
Sessions Judge, Salem and the same was returned as follows:
“NBW issued against the petitioner dated 30.12.2021 is
pending. Therefore, the petitioner to file the suspension
of sentence petiton before appropriate court.
2.How the stay petition is maintainable while NBW
pending in trial Court.
3.Certificate copy of judgment to be enclosed.
4. This Court holds good that instead of setting aside the impugned
order, directs the petitioner to surrender before the Trial Court and further
file an application for suspension of sentence within a period of 10 days
from the date of receipt of a copy of this Order and on such application
being filed, the Trial Court shall consider the same and pass orders on merits
on the same day. It is also relevant to note that when the convicted person
intends to present the appeal, the Trial Court normally grant suspension.
Taking into above, the Trial Court shall pass appropriate orders. After such
order being passed by the Trial Court, the petitioner is at liberty to represent
the appeal before the Principal District and Sessions Judge, Salem.
5. In view of the above direction, this Criminal Original Petition
https://www.mhc.tn.gov.in/judis
Crl.OP.No.7140 of 2022
stands disposed of. No costs.
02.08.2022
dhk
To
1.The Judicial Magistrate No.4,
Salem
2.The Principal District and
Sessions Court,
Salem
3.The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.OP.No.7140 of 2022
N. SATHISH KUMAR, J.
dhk
Crl.O.P. No.7140 of 2022
02.08.2022
https://www.mhc.tn.gov.in/judis
