Madras High Court
Saravanan vs Manimaran on 27 January, 2023
Crl.O.P.(MD).No. 1554 of 2023
THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.01.2023
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA
Crl.O.P.(MD).No.1554 of 2023
Saravanan ...Petitioner/Appellant/Accused
Vs.
Manimaran ...Respondent/Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C.,
to set aside the docket order made by the learned Principal District and
Sessions Judge, Thanjavur dated 07.01.2023 and further direct the learned
Principal District and Sessions Judge, Thanjavur to number the un-numbered
Criminal Appeal filing No.7597 of 2022 in the matter of appeal against the
judgment and conviction imposed in S.T.C.No.124 of 2020 on the file of the
learned Judicial Magistrate, Fast Track Court at Magistrial Level, Thanjavur
dated 29.11.2022 and to direct the Appellate Court to take the criminal
appeal in the matter along with the suspension of sentence application and
consider on merits in accordance with law.
For Petitioner : Mr.R.L.Dhilipan Pandian
For Respondent : Mr.G.Madhavan
Government Advocate (Crl. side)
1/8
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No. 1554 of 2023
ORDER
This Criminal Original Petition has been filed to set aside the
docket order made by the learned Principal District and Sessions Judge,
Thanjavur dated 07.01.2023 and further to direct the learned Principal
District and Sessions Judge, Thanjavur to number the un-numbered Criminal
Appeal filing No.7597 of 2022 in the matter of appeal against the judgment
and conviction imposed in S.T.C.No.124 of 2020 on the file of the learned
Judicial Magistrate, Fast Track Court at Magisterial Level, Thanjavur dated
29.11.2022 and to direct the Appellate Court to take the criminal appeal in
the matter along with the suspension of sentence application and consider on
merits in accordance with law.
2.The learned counsel for the petitioner would submit that the
petitioner is arrayed as an accused in S.T.C.No.124 of 2020 on the file of the
learned Judicial Magistrate, Fast Track Court (at Magisterial Level),
Thanjavur, based on the complaint filed by the respondent for the offence
under Section 138 of Negotiable Instruments Act, in respect of a cheque for a
sum of Rs.5,30,000/-. He would further submit that after trial, the learned
Magistrate had found the petitioner guilty and convicted him to undergo one
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No. 1554 of 2023
year Simple Imprisonment and also directed the petitioner to deposit a sum of
Rs.5,30,000/- within one month from the date of conviction and in default to
undergo, two months Simple Imprisonment. He would further submit that on
the date of judgment, since the petitioner's uncle passed away, he was unable
to appear before the Court, the trial Court after conviction, has issued Non-
Bailable Warrant of arrest, against the petitioner. He would further submit
that immediately on the next day, the petitioner has filed an application
seeking for copy of the judgment, whereas, the learned Magistrate has
returned the copy application stating the following reasons, “in this case, this
Court passed the Judgment on 29.11.2022 and convicted the accused. When
the time of pronouncement of judgment, the accused not present. NBW also
issued. Hence, the application is not maintainable and returned”. Thereafter,
within the statutory period, the petitioner had preferred an appeal before the
Principal District and Sessions Court, Thanjavur and he has also filed an
application for dispensing with the production of judgment copy and it was
returned and the appeal papers were also returned by the learned Appellate
Court. He would further submit that the cheque amount is Rs.5,30,000/- and
the petitioner is now ready to pay the entire amount and compromise the
matter with the complainant, however since the appeal is not numbered, the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No. 1554 of 2023
petitioner is facing threat of arrest, pursuant to the warrant and he is also
unable to get the sentence suspended against him and thereby, he would seek
to direct the Appellate Court to number the unnumbered Criminal Appeal
filing No.7597 of 2022.
3.The learned counsel for the petitioner would also submit that the
judgment of the Hon'ble Supreme Court in Meters and Instruments Private
Limited and another, reported in 2018 (1) SCC 560, has held that the
offence under Section 138 of the Negotiable Instruments Act is primarily a
civil wrong and that though compounding requires consent of both parties,
even in the absence of such consent, the Court in the interests of justice, on
being satisfied that the complainant has been duly compensated, can in its
discretion close the proceedings and discharge the accused and now the
petitioner is ready to pay the entire cheque amount and compound the matter
with the complainant.
4.Heard. Perused the materials available on record.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No. 1554 of 2023
5.Since the petitioner did not appear before the Court on the date of
judgment, the learned Judicial Magistrate, Fast Track Court (at Magisterial
Level), Thanjavur has issued Non-Bailable Warrant of arrest and the Court
has also refused to furnish copy of the judgment and the petitioner is also
unable to number the appeal. It is the case of the petitioner that he is ready to
deposit the entire cheque amount and he is ready to compound the matter with
the complainant.
6. Taking into consideration the submission made by the learned
counsel for the petitioner that the petitioner is ready to compound the offence
by paying cheque amount, in the interest of justice, the petitioner within one
week from the date of receipt of the order is directed to surrender before the
learned Judicial Magistrate, Fast Track Court (at Magisterial Level),
Thanjavur and file applications to recall non bailable warrant, temporary
suspension of sentence and furnish copy of judgement. He shall also take a
Demand Draft for the sum of Rs.5,30,000/- in favour of the learned Principal
District and Sessions Judge, Thanjavur and also file an affidavit stating that
he is ready to pay the cheque amount to the complainant and compound the
matter at the time of appeal and on such affidavit of undertaking filed and the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No. 1554 of 2023
demand draft being shown, the learned Judicial Magistrate, Fast Track
Court(Magisterial Level) Thanjavur shall recall the warrant, temporarily
suspend the sentence and furnish copy of the judgement to the petitioner.
Within one week therefrom the petitioner shall deposit the demand draft for
Rs.5,30,000/- before the learned Principal District and Sessions Judge,
Thanjavur to the credit of un-numbered Criminal Appeal No. 7597 of 2022
and the appeal shall be numbered if it is in order and shall be disposed of by
the appellate court in accordance with law.
8.With the above directions, this Criminal Original Petition is
disposed of.
27.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sji
Note: (i) Registry is directed to return the original
papers to the petitioner after substituting with the
certified copies.
(ii) Issue order copy on 09.02.2023.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No. 1554 of 2023
To
1.The Principal District and Sessions Judge, Thanjavur.
2.The Judicial Magistrate,
Fast Track Court at Magistrial Level, Thanjavur.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No. 1554 of 2023
A.D. JAGADISH CHANDIRA, J.
sji
Crl.O.P.(MD).No.1554 of 2023
27.01.2023
https://www.mhc.tn.gov.in/judis
