Akash Khan vs Shanthi Mandal
2023 Latest Caselaw 5979 Mad

                                                                             Crl.OP.No.12907 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 12.06.2023

                                                         CORAM

                          THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                                 Crl.O.P.No.12907 of 2023


                  Akash Khan                                                     ... Petitioner
                                                             Vs.

                  Shanthi Mandal                                           ... Respondent
                  PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                  to call for the records relating to the orders made in Crl.M.P.No.11907 of 2023
                  in C.A.No.291 of 2023 on the file of the learned Principal Sessions Judge,
                  Chennai and set aside the same.
                                    For Petitioner            : Mr.Om Sai Ram

                                    For Respondent            : Mr.Leonard Arul Joseph Selvam
                                                                Government Advocate(Crl.side)

                                                        ORDER

This Criminal Original Petition has been filed to call for the records

relating to the orders made in Crl.M.P.No.11907 of 2023 in C.A.No.291 of

2023 on the file of the learned Principal Sessions Judge, Chennai and set aside

the same.

https://www.mhc.tn.gov.in/judis Crl.OP.No.12907 of 2023

2. The learned counsel for the petitioner submitted that, petitioner is an

accused in C.C.No.942 of 2018. Petitioner was found guilty under Section 138

of N.I Act and sentenced to undergo two months simple imprisonment and to

pay fine of Rs.28,00,000/- in default, to undergo simple imprisonment of

further 6 months. The judgment was pronounced on 14.03.2023 and the trial

Court suspended the sentence till 17.04.2023. Petitioner filed Appeal along

with the petition for suspension of sentence on 10.04.2023. Appeal was

returned for compliance of certain defects and to be represented after two

weeks. He further submitted that, appellant Court directed the petitioner to file

suspension of sentence order passed in Crl.M.P.No.23355 of 2023 on

14.03.2023. Petitioner applied for copy application on 18.04.2023 and the same

was given only on 10.05.2023. Since, vacation Court was scheduled, petitioner

filed petition for suspension on 16.05.2023. However, the petition was

numbered only on 01.06.2023 and listed for admission on 02.06.2023. The

learned Principal Session Judge, Chennai finding that, period of suspension of

sentence passed by the trial Court is already over, dismissed the petition.

Challenging the said order, present petition is filed.

https://www.mhc.tn.gov.in/judis Crl.OP.No.12907 of 2023

3. In the circumstances stated by the learned counsel for the petitioner,

that the certified copy of the suspension of the sentence order passed by the

learned Judicial Magistrate was given to the petitioner only on 10.05.2023 and

that he represented the appeal along with the petition for suspension of

sentence on 16.05.2023 and that the same was numbered only on 01.06.2022

and listed on 02.06.2023, this Court is of the view that the dismissal of the

petition on the ground that the period of suspension of sentence ordered by the

trial Court was already lapsed on 17.04.2023 is not correct. Therefore, order

made in Crl.M.P.No.11907 of 2023 in C.A.No.291 of 2023 on the file of the

learned Principal Sessions Judge, Chennai is set aside. The learned Principal

Sessions Judge, Chennai is directed to consider the petition filed for suspension

of sentence in Crl.M.P.No.11907 of 2023 and pass pass appropriate orders on

merits and in accordance with law within a period of two weeks from the date

of receipt of copy of the order.

4. With the above directions, this Criminal Original Petition is disposed

of.

12.06.2023 Sma

https://www.mhc.tn.gov.in/judis Crl.OP.No.12907 of 2023

G.CHANDRASEKHARAN,J.

Sma

To Principal Sessions Judge, Chennai.

Crl.O.P.No.12907 of 2023

12.06.2023

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