Shyam Sundar vs M/S.Biotis Health Sciences (P) ...
2023 Latest Caselaw 7869 Mad

                                                           1

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 07.07.2023

                                                         CORAM

                                  THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              Crl.O.P No.15100 of 2023


                Shyam Sundar                                                  Petitioner

                                                   vs.

                M/s.Biotis Health Sciences (P) Ltd.,
                Rep. by A.Sachithanantham,
                No.172(214) Pycrofts Road,
                Royapettah,
                Chennai – 600 014.                                            Respondent


                PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                Criminal Procedure, to set aside the order dated 09.06.2023 passed in
                Crl.MP.No.12716 of 2023 in Crl.MP.No.6740 of 2023 in C.A.No.99 of 2023 on
                the file of Principal Sessions Court, Chennai.


                                        For Petitioner  : Mr.K.Muthu Ganesa Pandian
                                        For Respondents : Mr.A.Damodharan
                                                          Additional Public Prosecutor

                                                          ORDER

This petition has been filed to set aside the order dated

09.06.2023 passed in Crl.MP.No.12716 of 2023 in Crl.MP.No.6740 of 2023 in https://www.mhc.tn.gov.in/judis C.A.No.99 of 2023 on the file of Principal Sessions Court, Chennai.

2.The petitioner faced trial before the Metropolitan Magistrate, Fast

Track Court at Magisterial Level IV, George Town, Chennai for an offence

under Section 138 of the Negotiable Instruments Act. The trial Court by

judgment dated 15.02.2023 convicted the petitioner and sentenced him to

undergo 3 months simple imprisonment and directed the petitioner to pay

compensation of a sum of Rs.2,00,000/- as compensation within a period of

one month.

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

before the 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 09.06.2023 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 two months 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 https://www.mhc.tn.gov.in/judis

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 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.

                                                                                  07.07.2023

                Index      : Yes/No
                Internet   : Yes/No
                Speaking Order/Non-Speaking Order
                rka

                Note : Issue order copy on 10.07.2023




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





                                      N. ANAND VENKATESH,. J.
                                                         rka




                                      Crl.OP No.15100 of 2023




                                                  07.07.2023
https://www.mhc.tn.gov.in/judis