Madras High Court
Philip S.Sakthivel @ ... vs National Agricultural ... on 23 August, 2023
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No19266 of 2023
Philip S.Sakthivel @ P.S.Sakthievel
Proprietor
M/s.Capro Connections
No.206-H, Casagrand Asta
Korattur
Chennai 600 053. .. Petitioner/Petitioner/Appellant
.vs.
National Agricultural Co-operative
Marketing Federation of India Ltd.,(NAFED)
Rep.by its Branch Manager
No.963, Poonamallee High Road
Chennai 600 084. .. Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to extend the time limit fixed for deposit of 20 percent
compensation by its order dated 26.9.2022 passed in Crl.MP.No.18231 of 2022
in Crl.A.No.222 of 2022, pending disposal of the above mentioned Criminal
Appeal
For Petitioner : Mr.EJ.Ayyappan
https://www.mhc.tn.gov.in/judis
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ORDER
This petition has been filed seeking for extension of time to deposit 20%
of the compensation amount imposed as a condition by the Court below for
granting suspension of sentence in favour of the petitioner.
2.The petitioner faced trial before the Metropolitan Magistrate FTC-IV,
George Town, Chennai, for offence under Section 138 of the Negotiable
Instruments Act. The trial Court by judgment dated 13.9.2022 convicted the
petitioner and sentenced him to undergo one year simple imprisonment and
directed the petitioner to pay compensation of a sum of 6,74,58,000/- within a
period of one month.
3.Aggrieved by the said judgment, the petitioner filed an appeal before
the Principal Sessions Judge, Chennai. Along with the appeal, the petitioner
also filed a petition for suspension of sentence. The appellate Court by an order
dated 26.9.2022 suspended the sentence by imposing certain conditions. One of
the condition imposed by the appellate Court was that the petitioner should
deposit 20% of the compensation amount ordered by the trial Court. The
petitioner was given sixty days time to make this deposit.
https://www.mhc.tn.gov.in/judis
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4.The learned counsel for the petitioner submitted that the petitioner was
not able to arrange for making this deposit due to financial constrains and
therefore, the present petition has been filed seeking for extension of time. The
learned counsel further submitted that the petitioner will deposit this amount
within a period of four weeks from today.
5.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 four weeks 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 suspension of sentence
granted in favour of the petitioner shall stand cancelled automatically without
any further reference to this Court.
Post this case for reporting compliance on 21.9.2023.
23.08.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
kp
Note: Issue order copy on 25.8.2023.
https://www.mhc.tn.gov.in/judis
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N. ANAND VENKATESH,. J.
kp
To
1.Metropolitan Magistrate FTC-IV
George Town, Chennai.
2.The Principal Sessions Judge,
Chennai.
3.The Public Prosecutor,
High Court, Madras.
Crl.O.P No19266 of 2023
Post this case for reporting compliance on 21.9.2023.
23.08.2023
https://www.mhc.tn.gov.in/judis
