Madras High Court
C.Murugesan vs S.Suresh Kumar on 4 January, 2022
1 CRL.O.P.(MD)NO.18241 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.18241 of 2021
C.Murugesan ... Petitioner / Accused
Vs.
S.Suresh Kumar ... Respondent / Complainant
Prayer: Criminal Original petition is filed under Section
482 of Cr.P.C, to call for the records relating to the return
docket order in C.A.No.SR 6700 of 2021 dated 23.09.2021 on
the file of the learned Principal District and Sessions Judge,
Thoothukudi and set aside the same and direct the learned
Principal District and Sessions Judge, Thoothukudi to accept
the appeal and suspension of sentence petition filed by the
petitioner and dispose the suspension of sentence petition in
accordance with law.
For Petitioner : Mr.N.Mohideen Basha
For Respondent : Mr.R.M.Arunswaminathan
***
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2 CRL.O.P.(MD)NO.18241 OF 2021
ORDER
Heard the learned counsel appearing for the petitioner
and the learned counsel appearing for the respondent.
2. The petitioner was tried for the offence under Section
138 of the Negotiable Instruments Act in C.C.No.97 of 2013 on
the file of the Judicial Magistrate (Fast Track Court),
Kovilpatti. Vide Judgment dated 19.08.2021, he was convicted
and also sentenced. The petitioner was not present when the
judgment was pronounced. Hence, Non Bailable Warrant was
issued against him. Aggrieved by the same, the petitioner filed
an appeal before the Principal District and Sessions Judge,
Thoothukudi. The Sessions Court declined to number the
appeal memorandum and returned the same. In these
circumstances, this criminal original petition came to be filed.
3. I made it clear to the petitioners' counsel that unless
the petitioner pays 20% of the cheque amount to the
complainant directly, I will not be inclined to entertain this
criminal original petition. To enable the petitioner's counsel to
get instructions, the matter was adjourned.
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3 CRL.O.P.(MD)NO.18241 OF 2021
4. Today when the matter was taken up for hearing, the
learned counsel appearing for the complainant submitted that
he has received a Demand Draft favouring the complainant for
a sum of Rs.1,00,000/-. This represents 20% of the cheque
amount.
5. In these circumstances, the Sessions Court,
Thoothukudi, is directed to number the appeal memorandum
dated 16.09.2021 and dispose it of on merits and in
accordance with law. Since the petitioner had already paid
20% of the cheque amount, Non Bailable Warrant issued
against him is set aside. The sentence imposed on the
petitioner will also remain suspended till the disposal of the
appeal.
6. This criminal original petition is allowed on these
terms.
7. Registry is directed to return the original appeal
memorandum filed by the petitioner to the learned counsel for
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4 CRL.O.P.(MD)NO.18241 OF 2021
the petitioner. The petitioner shall re-present the same before
the learned Principal District and Sessions Judge,
Thoothukudi, within a period of ten days, thereafter.
04.01.2022
Index : Yes / No
Internet : Yes/ No
PMU
Note: In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant concerned.
To:
1. The Principal District and Sessions Judge,
Thoothukudi.
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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5 CRL.O.P.(MD)NO.18241 OF 2021
G.R.SWAMINATHAN,J.
PMU
Crl.O.P.(MD)No.18241 of 2021
04.01.2022
https://www.mhc.tn.gov.in/judis
