Santhosh Kumar vs M/S Vkn Fabrics
2023 Latest Caselaw 7851 Mad

                                                                                Crl.O.P.No.15339 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.15339 of 2023
                                                       and
                                            Crl.M.P.No.9574 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.1316 of 2023 in C.A.No.152 of 2023 of the
                     learned Principal Sessions Judge, Tiruppur and set aside the same insofar


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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.No.15339 of 2023

                     as it directs the Petitioner to deposit 20% of the cheque amount before
                     the Trial Court pending disposal of 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.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.15339 of 2023

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 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 the

copy of the order. The other conditions imposed by the appellate Court

https://www.mhc.tn.gov.in/judis Crl.O.P.No.15339 of 2023

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.

To

1. The State Represented by the Public Prosecutor Tiruppur

2. The Judicial Magistrate, Fast Track Court, Tiruppur

3. The learned Principal Sessions Judge, Tiruppur.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.15339 of 2023

N.ANAND VENKATESH, J

rka

Crl.O.P.No.15339 of 2023

07.07.2023

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