K.Vinothkumar vs Chandrasekar
2022 Latest Caselaw 6625 Mad

                                                                            Crl.O.P.(MD)No.5734 of 2022


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 30.03.2022

                                                        CORAM

                           THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                             Crl.O.P.(MD).No.5734 of 2022

                K.Vinothkumar                                                    ... Petitioner


                                                             Vs.
                Chandrasekar                                                       ... Respondent


                Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call
                for the records relating to the return docket order in C.A.No.SR.7142 of 2021
                dated 22.12.2021 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 take the appeal on file and
                suspension of sentence petition filed by the petitioner and dispose the
                suspension of sentence petition in accordance with law.


                                  For Petitioner     : Mr.M.Mano Kumar

                                                        ORDER

This Criminal Original Petition has been filed challenging the return

docket order in C.A.No.SR.7142 of 2021 dated 22.12.2021 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 https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.5734 of 2022

to take the appeal on file and suspension of sentence petition filed by the

petitioner and dispose the suspension of sentence petition in accordance with

law.

2. The petitioner is an accused on the complaint lodged by the respondent

for the offences punishable under Section 138 of Negotiable Instruments Act.

The same has been taken cognizance in CC.No.10 of 2019 on the file of the

Fast Track Court (Magisterial Level), Kovilpatti and the petitioner was found

guilty. The Trial Court convicted the petitioner and sentenced him to undergo

one year and three months imprisonment and also directed to pay the cheque

amount as compensation.

3. On the date of judgment, the petitioner did not appear before the Trial

Court and as such, the Trial Court issued non-bailable warrant as against the

petitioner. Aggrieved by the judgment passed against the petitioner, he

preferred an appeal before the Appellate Court and also filed a petition for

suspension of sentence. When the non-bailable warrant is pending against the

petitioner, the First Appellate Court returned the appeal papers for the reason

that the suspension of sentence petition is not maintainable, since the sentence

was not suspended by the Trial Court.

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

Crl.O.P.(MD)No.5734 of 2022

4. Therefore, this Court finds no infirmity or illegality in the order passed

by the Court below. This Criminal Original Petition is dismissed. However,

the petitioner is at liberty to approach the Trial Court by filing a petition for

recall of non-bailable warrant issued against him and the same may be

considered by the Trial Court on merits and in accordance with law on the same

day.

                                                                                          30.03.2022

                Index             : Yes / No
                Internet          : Yes/ No
                Lm

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

The Fast Track Court (Magisterial Level), Kovilpatti

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

Crl.O.P.(MD)No.5734 of 2022

G.K.ILANTHIRAIYAN, J.

Lm

Crl.O.P(MD).No.5734 of 2022

30.03.2022

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