Amutha vs Prakash
2023 Latest Caselaw 10393 Mad

                                                                              Crl. O.P. No.18410 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 14.08.2023

                                                          CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              Crl. O.P.No.18410 of 2023

                     Amutha
                     W/o.Manokaran                                             .. Petitioner


                                                           Vs.
                     Prakash
                     S/o.Palanivel                                             ..Respondent


                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to set aside the returned docket order
                     dated 31.07.2023 in unnumbered petition in C.M.P. No...../2023 in C.A.
                     No.05/2023 and direct the Learned Additional District and Sessions Judge,
                     Namakkal to consider the petition filed by the petitioner on merits.


                                         For Petitioner       :   Mr. S. Sivakumar
                                                          *****




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https://www.mhc.tn.gov.in/judis
                                                                                Crl. O.P. No.18410 of 2023

                                                         ORDER

This Criminal Original Petition has been filed challenging the

returned docket order dated 31.07.2023 in unnumbered petition in C.M.P.

No...../2023 in C.A.No.05/2023 and direct the learned Additional District

and Sessions Judge, Namakkal to consider the petition filed by the

petitioner on merits.

2. The petitioner faced trial before the Judicial Magistrate,

Rasipuram, for an offence under Section 138 of the Negotiable Instruments

Act. The trial Court by judgment dated 06.12.2022 convicted the petitioner

and sentenced her to undergo one year simple imprisonment and directed

the petitioner to pay a sum of Rs.10,00,000/- as compensation within one

month in default to undergo one month simple imprisonment.

3. Aggrieved by the said judgment, the petitioner filed an appeal

before the learned Principal District and Sessions Judge, Namakkal. Along

with the appeal, the petitioner also filed a petition for suspension of

sentence. The appellate Court by an order dated 24.04.2023 suspended the

https://www.mhc.tn.gov.in/judis Crl. O.P. No.18410 of 2023

sentence by imposing certain conditions. One of the conditions imposed by

the appellate Court was that the petitioner should deposit 20% of the cheque

amount ordered by the trial Court. The petitioner was given 60 days time to

make this deposit. Seeking extension of time, the petitioner filed a petition

in CMP..... /2023 in C.A.No.5 of 2023. However, the same was returned on

31.07.2023 on the ground that time limitation has been barred. Challenging

the same, the present Criminal Original Petition has been filed.

4. Heard Mr. S. Sivakumar, learned counsel for petitioner.

Taking into consideration the facts and circumstances of the case, this

Criminal Original Petition is disposed of with a direction to the petitioner to

deposit 20% of the compensation amount ordered by the trial Court within a

period of one week from today. The other conditions imposed by the

appellate Court shall stand as it is. It is made clear that if the petitioner fails

to deposit the amount within the time stipulated by this Court, the

https://www.mhc.tn.gov.in/judis Crl. O.P. No.18410 of 2023

N.ANAND VENKATESH, J

gm

suspension of sentence granted in favour of the petitioner shall stand

cancelled automatically without any further reference to this Court.

14.08.2023 Note: Issue order copy by 16.08.2023

Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No gm

To

1.The Principal District and Sessions Judge, Namakkal.

2.The Judicial Magistrate, Rasipuram.

Crl. O.P.No.18410 of 2023

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