Madras High Court
Sudhakar vs Anbarasan on 16 September, 2022
Crl.O.P.No.34372 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.09.2022
CORAM
THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.34372 of 2019
Sudhakar
... Petitioner
-Vs.-
Anbarasan
.. Respondent
Criminal Original Petition filed under Section 482 of Code of
Criminal Procedure to set aside the conditional order passed by the
learned Principal Sessions Judge, Vellore in Crl.M.P.No.5565 of 2019 in
C.A.No.102 of 2019 dated 14.11.2019 while suspending the 6 months
simple imprisonments sentence on deposit of 20% compensation amount
of Rs.1,80,000/- within a month or reduce the deposit amount from
Rs.1,80,000/- to Rs.50,000/- or modify the condition to pay the deposit
amount in 6 installements in Crl.M.P.No.5565 of 2019 in C.A.No.102 of
2019 dated 14.11.2019.
For Petitioner : Mr.B.Lenin Balu
For Respondent : Mr.R.Thamarai Selvan
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Crl.O.P.No.34372 of 2019
ORDER
This Criminal Original Petition has been filed to set aside the
conditional order passed by the learned Principal Sessions Judge, Vellore
in Crl.M.P.No.5565 of 2019 in C.A.No.102 of 2019 dated 14.11.2019
while suspending the sentence.
2. The petitioner herein, who was found guilty of offences under
Section 138 of the Negotiable Instruments Act, for issuing the cheque for
a sum of Rs.9,00,000/- to the de facto complainant and failed to honour
the same, has preferred an appeal before the learned Principal Session
Judge, Vellore, in C.A.No.102 of 2019. Along with the appeal, he has
filed Crl.M.P.No.5565 of 2019 to stay the operation of the judgment
passed by the trial Court. On considering the said petition for suspension
of sentence, the lower Appellate Court has directed the petitioner herein
to deposit 20% of the cheque amount, which was ordered to be paid as
compensation by the trial Court. Being aggrieved by the said conditional
order, the present criminal original petition has been filed.
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Crl.O.P.No.34372 of 2019
3. It is contended by the learned counsel for the petitioner that the
subject cheque was misused by the de facto complainant and filled up to
make unjust enrichment. The trial Court has failed to appreciate the fact
that the cheque was found to be lost and there was no financial dealing
between the de facto complainant and the accused/petitioner herein. The
evidence given by the defense witness has not been properly appreciated
and therefore, the conditional order for suspension of sentence is
excessive and liable to be set aside.
4. This Court on perusing the records, including the order of the
trial Court and the manner in which the evidence has been appreciated,
does not find any reason to stay the operation of the order without any
conditions, while the statute enables the Court to pass conditional order.
In this case, there is a prima facie case made out for prosecuting the
petitioner under the Negotiable Instruments Act. This is a fit case, where
the Court after due trial finds the accused guilty, the Appellate Court to
impose conditions to suspend the sentence. The cheque, which has been
the subject matter of the case, is dated 31.08.2015 and for nearly 7 years,
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Crl.O.P.No.34372 of 2019
the dispute is pending, though the trial Court has delivered the verdict
against the petitioner herein as early as on 16.10.2019.
5. In such circumstances, there is no reason to interfere the said
impugned order in this criminal original petition. Hence, this criminal
original petition is dismissed. Time,to deposit the said amount, is granted
till 30.09.2022. On such deposit, the suspension of sentence shall
continue or else the complainant shall take necessary steps to enforce the
order of the trial Court.
16.09.2022
Speaking/Non-speaking order
Index: Yes/No
Internet : Yes/No
nsa
To
The Principal Sessions Judge,
Vellore
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.34372 of 2019
Dr.G.JAYACHANDRAN.J.,
nsa
Crl.O.P.No.34372 of 2019
16.09.2022
https://www.mhc.tn.gov.in/judis
