Gnt Engineering Works vs Before The Government Of ...
2023 Latest Caselaw 9416 Mad

                                               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
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                                                  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 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 the sentence by imposing conditions. The petitioner is aggrieved by

                the condition imposed by the Court below directing the petitioner to deposit

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                                                Crl.O.P.Nos.26755, 26757, 26759, 26761 and 26762 of 2022

                20% of 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.
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                                                 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

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