Madras High Court
T.Loganathan vs Kalidas on 4 February, 2022
CRL.O.P.No.2465 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.2465 of 2022
T.Loganathan ... Petitioner
Versus
Kalidas ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to extent the time for enabling the petitioner
to comply the condition imposed in Crl.M.P.No.5625 of 2021 in
Crl.A.No.98 of 2021 by order dated 22.12.2021 passed by the Principal
District and Sessions Judge, Thiruvallur.
For Petitioner : Mr.R.Thirumoorthy
*****
ORDER
This Criminal Original Petition is filed to extent the time for
enabling the petitioner to comply the condition imposed in
Crl.M.P.No.5625 of 2021 in Crl.A.No.98 of 2021 by order dated
22.12.2021 passed by the Principal District and Sessions Judge,
Thiruvallur.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.2465 of 2022
2.The petitioner is an accused in a 138 case filed by the respondent
in C.C.No.182 of 2019 on the file of the Judicial Magistrate, Fast Track
Court at Magisterial Level, Ambattur was found guilty and convicted by
the trial Court on 16.11.2021. The trial Court had directed the petitioner
to undergo seven months simple imprisonment and to pay a sum of
Rs.6,00,000/- as compensation to the respondent, within a period of two
months. Aggrieved against the Judgment of the trial Court, the petitioner
had preferred an appeal in C.A.No.98 of 2021, before the Sessions Court
and he also filed a petition in Crl.M.P.No.5625 of 2021 for suspension of
sentence. The learned Principal District and Sessions Judge, Tiruvallur,
by order dated 22.12.2021 had suspended the sentence and directed the
petitioner to deposit the compensation amount imposed by the trial
Court, within a period of one month i.e. on or before 21.01.2022.
3.The contention of the petitioner is that as per Section 138 of the
Negotiable Instruments Act, the above said two months time is extended
by one more month for proper reason, in total 90 days in total to deposit
the compensation amount. In this case, 20% of the compensation amount
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.2465 of 2022
is Rs.1,20,000/-, for which the petitioner seeks extension of time for
mobilizing and depositing the amount. The petitioner/accused to give 90
days time i.e. 60 + 30 days = 90 days time. The lower Court and the
lower appellate Court had given only 30 days time, which is not proper
and it is against the provision.
4.In view of the same, the petitioner is given 90 days time to
deposit Rs.1,20,000/- i.e. 20% of the compensation amount. The above
said 90 days is from the date of issuance of this order copy. Considering
that due to the pandemic period the petitioner is finding it difficult to
mobilize the fund.
5.With the above observation, this Criminal Original Petition
stands disposed of.
04.02.2022
Index: Yes/No
Internet: Yes/No
ah
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.2465 of 2022
M.NIRMAL KUMAR, J.
ah
To
The Principal District and Sessions Judge,
Thiruvallur.
CRL.O.P.No.2465 of 2022
04.02.2022
https://www.mhc.tn.gov.in/judis
