Madras High Court
Santhosh Kumar vs M/S Vkn Fabrics on 7 July, 2023
Crl.O.P.No.15342 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.15342 of 2023
and
Crl.M.P.No.9575 of 2023
Santhosh Kumar .. Petitioner
Vs.
1. M/s VKN Fabrics
Represented by its Manager
No.53/29A, Kandasamy Layout,
Pichampalayam Puthur,
Tiruppur – 641 603
Tiruppur District,
Tamil Nadu
2. The State
Represented by the Public Prosecutor
Tiruppur. .. Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records of the Order dated 26.06.2023 in
Cr.M.P.No.1313 of 2023 in C.A.No.149 of 2023 of the Learned Principal Sessions
Judge, Tiruppur and set aside the same insofar as it directs the Petitioner to
deposit 20% of the cheque amount before the Trial Court pending disposal of
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Crl.O.P.No.15342 of 2023
the appeal.
For Petitioner : Mr.B.Prashanth Nadaraj
For Respondent No.2 : Mr.A.Damodaran,
Additional Public Prosecutor
*****
ORDER
This petition has been filed seeking for extension of time to deposit 20%
of the compensation amount imposed as a condition by the Court below for
granting suspension of sentence in favour of the petitioner.
2.The petitioner faced trial before the Judicial Magistrate, Fast Track
Court, Tiruppur for an offence under Section 138 of the Negotiable Instruments
Act. The trial Court by judgment dated 25.05.2023 convicted the petitioner
and sentenced him to undergo 6 months simple imprisonment and directed the
petitioner to pay compensation of a sum of Rs.7,50,000/- as compensation and
in default to undergo one month simple imprisonment.
3.Aggrieved by the said judgment, the petitioner filed an appeal before
the Principal Sessions Judge, Thiruppur. Along with the appeal, the petitioner
also filed a petition for suspension of sentence. The appellate Court by an
order dated 26.06.2023, suspended the sentence by imposing certain
conditions. One of the conditions imposed by the appellate Court was that the
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Crl.O.P.No.15342 of 2023
petitioner should deposit 20% of the compensation amount ordered by the trial
Court. The petitioner was given one month time to make this deposit.
4.The learned counsel for the petitioner submitted that the petitioner
was not able to arrange for making this deposit due to financial constrains 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.
5.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 the date of receipt of copy of the order. 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.
07.07.2023
Index : Yes/No
Speaking order:Yes/No
Neutral citation:Yes/No
rka
Note : Issue order copy on 19.07.2023.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.15342 of 2023
To
1. M/s VKN Fabrics
Represented by its Manager
No.53/29A, Kandasamy Layout,
Pichampalayam Puthur,
Tiruppur – 641 603
Tiruppur District,
Tamil Nadu
2. The State
Represented by the Public Prosecutor
Tiruppur.
3. The Learned Principal Sessions Judge, Tiruppur.
4. The Public Prosecutor, Madras High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.15342 of 2023
N.ANAND VENKATESH, J
rka
Crl.O.P.No.15342 of 2023
07.07.2023
https://www.mhc.tn.gov.in/judis
