S.Mahendran vs P.Manoharan
2022 Latest Caselaw 17959 Mad

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                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


                                                   Dated: 01/12/2022


                                                         CORAM


                                       The Hon'ble     Mr.Justice G.ILANGOVAN


                                              Crl.RC(MD)No.1084 of 2022


                     S.Mahendran                                  : Petitioner/Petitioner

                                                            Vs.

                     P.Manoharan                                  : Respondent/Respondent


                                   Prayer:-    This   Criminal    Revision has     been filed
                     under section 397 r/w 401 of the Criminal Procedure Code
                     to call for the records pertaining to the impugned order
                     made in Cr.M.P No.3536 of 2022, dated 22/09/2022 on the
                     file of the Principal Sessions Judge, Theni and thereby,
                     set aside the condition imposed therein and direct to the
                     learned        Fast   Track   Court,    Uthamapalayam    to   refund   the
                     amount of Rs.1,50,000/- deposited by the petitioner vide
                     DD No.546861, dated 29/09/2022 drawn at Bank of Baroda,
                     Hanumanthapanpatti Branch, Theni.

                                    For Petitioner          : Mr.P.R.Prithiviraj

                                    For Respondent          : No appearance




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                                                                O R D E R

This revision has been filed seeking in order to

set aside the impugned order passed in Cr.M.P No.3536 of

2022, dated 22/09/2022 by the Principal Sessions Judge,

Theni and thereby, set aside the condition No.1 imposed

therein and direct to the learned Fast Track Court,

Uthamapalayam to refund the amount of Rs.1,50,000/-

deposited by the petitioner vide DD No.546861, dated

29/09/2022 drawn at Bank of Baroda, Hanumanthapanpatti

Branch, Theni.

2.The facts in brief:-

The petitioner was convicted by the trial court

for the offence under section 138 of the Negotiable

Instruments Act and accordingly, sentenced the

petitioner to undergo one year simple imprisonment 3

moths simple imprisonment and since, a suit is pending

before the civil court for recovery of the cheque amount,

no compensation was ordered to the complainant under

section 357(3) Cr.P.C. Against which, the appeal has

been preferred and the appeal was allowed and imposed a

condition to deposit 15% of the cheque amount as a

condition for suspension of sentence.

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3.Challenging the above said order of the first

appellate court, this criminal revision has been

preferred by the accused.

4.Heard both sides.

5.Reading of the order passed by the first

appellate court shows that a portion of the judgment of

the trial was not taken into account, while, the

conditional order. The trial court has given a reason for

not imposing the compensation upon the accused stating

that for recovering the above said cheque amount,

separate suit has been filed by the complainant. So on

that ground only, the imprisonment alone was imposed and

not compensation under section 357(3) Cr.P.C. It appears

that this portion of the order of the trial court was not

considered by the first appellate court, while passing

the above said conditional order.

6.As rightly contended by the petitioner, the

reason must be assigned by the first appellate court,

while passing the above said conditional order, when

already a suit has been filed for recovery of the cheque

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amount. So imposing of the condition upon the accused, in

my considered view was not proper and appears to be

unreasonable.

7.So on the sole ground, the criminal revision is

allowed and conditional order passed by the first

appellate court in respect of the above said portion of

directing the petitioner to deposit 15% of the amount

alone is set aside. The petitioner shall be refunded with

the said amount. Other conditions stand unaltered.

01/12/2022

Index:Yes/No Internet:Yes/No er

To,

1.The Principal Sessions Judge, Theni.

2.The Judicial Magistrate, (FTC), Uthamapalayam, Theni District.

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G.ILANGOVAN,J

er

Crl.RC(MD)No.1084 of 2022

01/12/2022

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

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