Ziyaullah vs Babu
2023 Latest Caselaw 414 Mad

                                                                                   Crl.O.P.No.32306 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED: 06.01.2023

                                                             CORAM:

                                     THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

                                                    Crl.O.P.No.32306 of 2022
                     Ziyaullah                                                              ... Petitioner
                                                                Vs.

                     1.Babu

                     2.The State represented by
                       The Public Prosecutor,
                       Udhagamandalam, Nilgiris.                                         ... Respondents

                     PRAYER: Criminal Original Petition has been filed under Section 482 of
                     Cr.P.C. praying to modify the condition imposed on the petitioner in
                     Crl.M.P.No.900 of 2022 on the file of the Sessions Division of the Nilgiris
                     District at Udhagamandalam dated 16.08.2022.

                                        For Petitioner      : Mr.Arjun Suresh

                                        For Respondents     : Mr.Leonard Arul Joseph Selvam
                                                              Government Advocate (Crl. Side)

                                                            ORDER

This Criminal Original Petition has been filed to modify the condition

imposed in Crl.M.P.No.900 of 2022 on the file of the learned Sessions

https://www.mhc.tn.gov.in/judis Crl.O.P.No.32306 of 2022

Judge, Udhagamandalam, by its order dated 16.08.2022.

2.The learned counsel for the petitioner submitted that the petitioner

has been sentenced with a simple imprisonment of 6 months and to pay the

compensation amount of Rs.10,00,000/- to the first respondent imposed on

the petitioner by the learned Judicial Magistrate, Udhagamandalam in

S.T.C.No.565 of 2019 dated 06.07.2022. Aggrieved by the same, the

petitioner herein has preferred an appeal in C.A.No.34 of 2022 challenging

the said judgment. Pending the appeal, the petitioner had preferred

Crl.M.P.No.900 of 2022 for suspension of sentence. It is pertinent to note

that the learned Sessions Judge, Udhagamandalam, had imposed a condition

to pay 30% ie., Rs.3,00,000/- of the cheque amount before the learned

Judicial Magistrate, in order to get suspension of sentence of imprisonment

and compensation imposed on the petitioner. Hence, he seeks for

modification of the condition.

3.Heard the learned counsel for the petitioner as well as the learned

Government Advocate (Crl.side) for the respondent and perused the entire

materials available on record.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.32306 of 2022

4. In view of the above submission, the condition imposed by the

learned Sessions Judge, Udhagamandalam, in Crl.M.P.No.900 of 2022

dated 16.08.2022, is modified to the effect that the petitioner shall deposit a

sum of Rs.1,00,000/- (Rupees One Lakh only) towards the part of cheque

amount before the Judicial Magistrate, Udhagamandalam within a period of

four weeks from the date of receipt of copy of this order. The other

conditions shall remain intact.

06.01.2023 vkr

To

1.The Judicial Magistrate, Udhagamandalam.

2.The Public Prosecutor, Udhagamandalam, Nilgiris.

3.The Sessions Judge, Udhagamandalam.

4.The Public Prosecutor,

https://www.mhc.tn.gov.in/judis Crl.O.P.No.32306 of 2022

High Court, Madras.

T.V.THAMILSELVI,J.

vkr

Crl.O.P.No.32306 of 2022

06.01.2023

https://www.mhc.tn.gov.in/judis