J.John vs Pms Financiers
2023 Latest Caselaw 7560 Mad

                                                                                Crl.O.P.No.14894 of 2023


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 04.07.2023

                                                         CORAM

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                 Crl.O.P.No.14894 of 2023
                     J.John
                     S/o.Joseph Nadar                                       ...Petitioner
                                                           -Vs-
                     PMS Financiers
                     represented by Mr.S.Dinesh Kumar
                     Managing Partner,
                     No.5/6, 1st Main Road,
                     Karambakkam, Porur,
                     Chennai - 600 116.                                     ...Respondent

                     Prayer: Criminal Original Petition filed under Section 482 of Code of
                     Criminal Procedure, praying to call for the records and set aside the
                     condition of depositing 20% of the compensation amount to the credit of
                     C.C.Number on the file of the trial Court within sixty days passed in
                     Crl.M.P.No.5681/2023 in C.A.No.94 of 2023 by the Principal District
                     and Sessions Court, Chennai, vide order dated 13.03.2023.


                                       For Petitioner    : Mr.P.N.Vignesh
                                                           *****

                                                        ORDER

This petition has been filed seeking for extension of time to

deposit 20% of compensation amount imposed as a condition by the

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Crl.O.P.No.14894 of 2023

Court below for granting suspension of sentence in favour of the

petitioner.

2. The petitioner faced trial before the XX Metropolitan

Magistrate, Allikulam, Chennai, for an offence under Section 138 of the

Negotiable Instruments Act. The trial Court by judgment dated

07.02.2022 convicted the petitioner and sentenced him to undergo six

months simple imprisonment and directed the petitioner to pay a sum of

Rs.6,00,000/- as compensation within a period of eight weeks from the

date of judgment, in default to undergo eight weeks simple

imprisonment.

3. Aggrieved by the said judgment, the petitioner filed an appeal

before the learned Principal Sessions Judge, Chennai. Along with the

appeal, the petitioner also filed a petition for suspension of sentence. The

appellate Court by an order dated 13.03.2023 suspended the sentence by

imposing certain conditions. One of the conditions imposed by the

appellate Court was that the petitioner should deposit 20% of the

compensation amount ordered by the trial Court. The petitioner was

given sixty days to make this deposit.

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Crl.O.P.No.14894 of 2023

4. Learned counsel for petitioner submitted that the petitioner was

not able to arrange money for making this deposit due to financial

constraints and therefore, the present petition has been filed seeking for

extension of time. The learned counsel further submitted that the

petitioner will deposit this amount within a period of one week from

today.

Taking into consideration the facts and circumstances of the case,

this Criminal Original Petition is disposed of with a direction to the

petitioner to deposit 20% of the compensation amount ordered by the

trial Court within a period of one week from today. The other conditions

imposed by the appellate Court shall stand as it is. It is made clear that if

the petitioner fails to deposit the amount within the time stipulated by

this Court, the suspension of sentence granted in favour of the petitioner

shall stand cancelled automatically without any further reference to this

Court.

04.07.2023

Note: Issue order copy by 05.07.2023 Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No gm https://www.mhc.tn.gov.in/judis

Crl.O.P.No.14894 of 2023

N.ANAND VENKATESH., J

gm

Crl.O.P.No.14894 of 2023

04.07.2023

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