Madras High Court
Gnt Engineering Works vs Before The Government Of ... on 1 August, 2023
Crl.O.P.Nos.26755, 26757, 26759, 26761 and 26762 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P Nos.26755, 26757, 26759, 26761 and 26762 of 2022
GNT Engineering Works,
Rep.by its Proprietor, Mr.G.N.Thangadurai,
No.18, Bharathiyar Street,
Srinivasa Nagar, Padi,
Chennai 600 050.
...Petitioner in all OPs
vs.
Unitech Bright Steel Industries,
The Company is incorporated under the
Registered of Firm in (Reg.No.290/2006)
Before the Government of Tamilnadu,
Registered Office at No.113, Vanagaram Road,
Ayanampakam, Chennai 600 095.
Represented by its Power of Attorney,
Mr.Sanjay Modi.
...Respondent in all OPs
COMMON PRAYER:
Criminal Original Petition filed under Section 482 of the Code of Criminal
Procedure, to set aside the order of interim compensation in Crl.M.P.Nos.2987,
2750, 2749, 2747 and 2748 of 2022 in Crl.A.Nos.71, 64, 63, 61 and 62 of 2022
respectively awarded by the learned Principal District and Sessions Judge,
Tiruvallur.
https://www.mhc.tn.gov.in/judis
Page No.1/4
Crl.O.P.Nos.26755, 26757, 26759, 26761 and 26762 of 2022
For Petitioner in all OPs : Mr.R.Thanigaiarasu
For Respondent in all OPs : Mr.R.Muthukumar
********
COMMON ORDER
These criminal original petitions have been filed against the conditions
imposed by the Court below in Crl.M.P.No.2987 of 2022 dated 02.08.2023 and
Crl.M.P.Nos.2750, 2749, 2747 and 2748 of 2022 all dated 18.07.2022 directing
the petitioner to deposit 20% of the compensation amount in each case before
the trial Court within a period of 60 days while suspending the sentence
imposed by the trial Court.
2. The petitioner was convicted for the offences under Section 138 of the
Negotiable Instruments Act and was sentenced to undergo 11 months of simple
imprisonment in each complaint and was further directed to pay compensation,
which was twice the cheque amount, within a period of 2 months and in default
to undergo 3 months of simple imprisonment in each complaint. The petitioner
has filed appeals in Criminal Appeal Nos.61, 62, 63, 64 and 71 of 2022 against
the judgment passed by the trial Court. The petitioner has also filed applications
seeking for suspension of sentence in all these appeals. The Court below has
suspended sentence by imposing conditions. The petitioner is aggrieved by the
condition imposed by the Court below directing the petitioner to deposit 20% of
https://www.mhc.tn.gov.in/judis
Page No.2/4
Crl.O.P.Nos.26755, 26757, 26759, 26761 and 26762 of 2022
the compensation amount before the trial Court. It is brought to the notice of this
Court that totally there are 21 complaints and out of the same, the petitioner and
the other companies were acquitted in 16 cases. Hence, only in five complaints,
they ended in conviction and sentence.
3. Heard the learned counsel for the petitioner and the respondent and
also perused the materials available on record.
4. Taking into consideration the facts and circumstances of the case, there
shall be a direction to the petitioner to deposit a sum of Rs.1,00,000/- (Rupees
One Lakh only) in each case before the trial Court to the credit of C.C.Nos.32,
33, 35, 36 and 37 of 2019 within a period of one week from today (01.08.2023)
and accordingly, the condition imposed by the Court below is modified to that
extent. It is made clear that if the petitioner does not deposit the amount within
the time stipulated by this Court, the Court below shall immediately take steps
to secure the petitioner and to make him undergo the sentence imposed by the
trial Court. If the petitioner deposits the amount within the time stipulated by
this Court, the Court below shall take steps to hear the criminal appeals, since it
is brought to the notice of this Court that the trial Court records have already
reached the Court below.
https://www.mhc.tn.gov.in/judis
Page No.3/4
Crl.O.P.Nos.26755, 26757, 26759, 26761 and 26762 of 2022
N. ANAND VENKATESH, J.
nsa
5. All these criminal original petitions are disposed of in the above terms.
01.08.2023
Note: Issue order copy on 03.08.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
nsa
To
The Principal District and Sessions Judge,
Tiruvallur.
Crl.O.P Nos.26755, 26757, 26759, 26761 and 26762 of 2022
https://www.mhc.tn.gov.in/judis
Page No.4/4
