Vijayalakshmi vs Raja
2023 Latest Caselaw 4630 Mad

                                                                               Crl.O.P.No.8721 of 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 21.04.2023

                                                            CORAM

                        THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                                   Crl.O.P.No.8721 of 2023


                Vijayalakshmi                                                  ... Petitioner
                                                   Vs.

                Raja                                          ... Respondent

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to call for the records relating to the orders made in Crl.M.P.No.8770 of 2022 in
                C.A.No.35 of 2022 vide order dated 11.01.2023 on the file of learned Principal
                District and Session Judge, Villupuram District, Villupuram and set aside the
                condition to deposit 20% of the compensation amount as cash security before
                learned Judicial Magistrate No.1, Villupuram.


                                  For Petitioner         : Mr.Om Sai Ram

                                  For Respondent         : No appearance




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                                                                              Crl.O.P.No.8721 of 2023

                                                     ORDER

This Criminal Original Petition has been filed to call for the records

relating to the orders made in Crl.M.P.No.8770 of 2022 in C.A.No.35 of 2022

vide order dated 11.01.2023 on the file of learned Principal District and Session

Judge, Villupuram District, Villupuram and set aside the condition to deposit

20% of the compensation amount as cash security before learned Judicial

Magistrate No.1, Villupuram.

2.The learned counsel for the petitioner submitted that petitioner is an

accused in S.T.C.No.208 of 2020. After trial, petitioner was convicted and

sentenced to undergo six months simple imprisonment and to pay a

compensation of Rs.2,00,000/- to the respondent. Against the said judgment

petitioner filed petition for suspension of sentence in C.M.P.No.8770 of 2022 in

Crl.A.No.35 of 2022. The learned Principal Session Judge, Villupuram, while

ordering suspension of sentence in C.M.P.No.8770 of 2022 on 11.01.2023,

directed the petitioner to deposit 20% of the compensation amount as security

before the learned Judicial Magistrate No.I, Villupuram. Challenging this order,

this petition is filed.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.8721 of 2023

3.It is the submission of learned counsel for petitioner that respondent

had no means to pay the amount. Without considering that, respondent had no

means to pay the amount, the learned Judicial Magistrate No.1, Villupuram,

wrongly convicted and sentenced the petitioner. Even the Appellate Court has

not considered this aspect and directed the petitioner to deposit 20 % of the

compensation amount. Thus, he prayed for setting aside the order.

4.Considered the submission of learned counsel for the petitioner and

perused the records.

5.It is seen from the records, after complete trial, the learned Judicial

Magistrate No.1, Villupuram, convicted and sentenced the petitioner as referred

above. When the appeal is pending, it is for the appellant to canvass the grounds

of defence when the matter is taken for final hearing. The learned Principal

Sessions Judge, Villupuram, has only directed deposit of 20% of the

compensation amount before the learned Judicial Magistrate No.1, Villupuram.

Section 148 of Negotiable Instruments Act gives power to pass such an order.

Thus, this Court finds there is no illegality or irregularity in directing the

https://www.mhc.tn.gov.in/judis Crl.O.P.No.8721 of 2023

petitioner to deposit 20% of the compensation amount. This Court is of the view

that, this petition has no merits and it is liable to be dismissed. Petitioner is

granted one month time for deposit of 20% of compensation amount before the

learned Judicial Magistrate No.I, Villupuram, from the date of receipt of copy of

this order.

6.In this view of the matter, the order made in C.M.P.No.8770 of 2022 in

C.A.No.35 of 2022, dated 11.01.2023 on the file of learned Principal District

and Session Judge, Villupuram District, Villupuram, is confirmed. Accordingly,

this Criminal Original Petition is dismissed.

21.04.2023 ep Index:Yes/No Speaking/Non speaking order

https://www.mhc.tn.gov.in/judis Crl.O.P.No.8721 of 2023

G.CHANDRASEKHARAN.J.,

ep To:-

The Principal District and Session Judge,

Villupuram District, Villupuram,

Crl.O.P.No.8721 of 2023

21.04.2023

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