Madras High Court
P.M.Vijaykumar vs S.Sathish Kumar on 30 August, 2023
Crl.O.P.No.19794 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.19794 of 2023
P.M.Vijaykumar .. Petitioner
Versus
S.Sathish Kumar .. Respondent
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for records of the impugned dismissal order,
dated 07.08.2023 in Crl.M.P.No.1 of 2023 in Criminal Appeal No.452 of
2023 by the learned Principal Sessions Judge, Chennai, City Civil Court and
set aside the same and grant bail to the petitioner / accused pending disposal
of this appeal.
For Petitioner : M/s.R.Saritha,
for M/s.M.Simon
ORDER
This petition has been filed challenging the order passed by the Court
below in Crl.M.P.No.1 of 2023, dated 07.08.2023, dismissing the
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Crl.O.P.No.19794 of 2023
application filed for suspension of sentence pending disposal of
Crl.A.No.452 of 2023.
2. Heard M/s.R.Saritha, learned Counsel for the petitioner and
carefully perused the materials available on record.
3. The petitioner was convicted for an offence under Section 138 of
the Negotiable Instruments Act, 1881 and was sentenced to undergo six
months Simple Imprisonment and to pay the cheque amount of
Rs.4,00,000/- along with interest at the rate of 6% per annum and in default,
to undergo eight weeks Simple Imprisonment. The petitioner, being
aggrieved by the judgment passed by the learned XX Metropolitan
Magistrate, Allikulam, Chennai in C.C.No.4183 of 2016, filed a Criminal
Appeal before the Court below in C.A.No.452 of 2023.
4. The petitioner, during the pendency of the Criminal Appeal, filed
an application seeking for suspension of sentence. The Court below
dismissed this application on the ground that the petitioner was not present
at the time of passing of the judgment by the Trial Court and hence, a non-
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Crl.O.P.No.19794 of 2023
bailable warrant was issued against the petitioner and the petitioner has not
surrendered before the Court below and therefore, the Court below
dismissed the application seeking for suspension of sentence. Aggrieved by
the same, the present petition has been filed before this Court.
5. Taking into consideration the facts and circumstances of the case
and the order passed by the Court below, this Court is inclined to dispose
off this Criminal Original Petition in the following terms:-
(a) The petitioner is directed to surrender before the III Additional
City Civil Court, Chennai on or before 07.09.2023 and shall file a bail
application;
(b) The petitioner shall deposit 20% of the cheque amount within a
period of sixty days from 07.09.2023;
(c) The Court below shall entertain the bail application and grant the
interim bail to the petitioner for a period of sixty days by imposing
necessary conditions;
(d) If the petitioner deposits the amount as directed by this Court
within the time stipulated, the Court below shall make the bail order
absolute by imposing necessary conditions and if the petitioner fails to
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Crl.O.P.No.19794 of 2023
deposit the amount as directed by this Court, the Court below shall cancel
the bail and shall make the petitioner undergo the sentence imposed by the
Trial Court.
30.08.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
Note : Issue order copy on 01.09.2023.
To
1. The Principal Sessions Judge,
City Civil Court,
Chennai.
2. The III Additional City Civil Court,
Chennai.
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Crl.O.P.No.19794 of 2023
N.ANAND VENKATESH, J.
grs
Crl.O.P.No.19794 of 2023
30.08.2023
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