Madras High Court
B.Uma vs A.Shanthi on 16 June, 2023
Crl.OP.No.13392 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.13392 of 2023
B.Uma ... Petitioner
Vs.
A.Shanthi ... Respondent
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to set aside the dismissal order dated 07.06.2023 passed by th learned Principal
Sessions Judge, Chennai in Crl.M.P.No.12412 of 2023 in C.A.No.304 of 2023.
For Petitioner : Mr.G.Ashok Kumar
ORDER
This Criminal Original Petition has been filed to set aside the dismissal
order dated 07.06.2023 passed by th learned Principal Sessions Judge, Chennai
in Crl.M.P.No.12412 of 2023 in C.A.No.304 of 2023.
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Crl.OP.No.13392 of 2023
2. The learned counsel for the petitioner submitted that, petitioner is an
accused in C.C.No.6573 of 2019 on the file of the learned Metropolitan
Magistrate, FTC-I, Chennai. Petitioner was found guilty under Section 138 of
N.I. Act and sentenced to undergo six months simple imprisonment and to pay
the cheque amount as compensation to the complainant within one month, in
default, to undergo simple imprisonment for six weeks. Against the said
judgment, petitioner filed criminal appeal in C.A.No.304 of 2023 along with
the suspension of sentence in Crl.M.P.No.12412 of 2023 on 07.06.2023 on the
file of the Principal Sessions Judge, Chennai. That petition was dismissed for
the reason that, period of suspension of sentence granted by the trial Court was
already over. Challenging the said order, present petition is filed.
3. Perusal of the records shows that, the judgement in C.C.No.6573 of
2019 was pronounced on 06.04.2023 and the sentence was suspended till the
appeal period is over ie., 30 days and the appeal period expired on 06.04.2023.
Though the petitioner filed suspension of sentence along with the appeal on
28.04.2023, the appeal was returned for compliance of certain defects and it
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Crl.OP.No.13392 of 2023
was represented only on 05.06.2023. By the time, the period suspending
sentence was over and therefore, the suspension of sentence petition was
dismissed.
4. It is the submission of the learned counsel for the petitioner that, due
to petitioner counsel's father's demise, appeal was not represented in time and
that is the reason for the delay in representing the appeal.
5. Considering the reason stated by the learned counsel for the petitioner
for the delay for representing the appeal along with the suspension of sentence
petition, this Court is inclined to set aside the order passed by the learned
Principal Sessions Judge, Chennai in Crl.M.P.No.12412 of 2023 in
Crl.O.P.No.304 of 2023.
6. Accordingly, this Criminal Original Petition is allowed. The order
made in Crl.M.P.No.12412 of 2023 in Crl.O.P.No.304 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
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Crl.OP.No.13392 of 2023
suspension of sentence in Crl.M.P.No.12412 of 2023 and pass pass appropriate
orders on merits and in accordance with law.
7. Accordingly, this Criminal Original Petition is allowed.
16.06.2023
Sma
https://www.mhc.tn.gov.in/judis
Crl.OP.No.13392 of 2023
G.CHANDRASEKHARAN,J.
Sma
To
Principal Sessions Judge, Chennai.
Crl.O.P.No.13392 of 2023
16.06.2023
https://www.mhc.tn.gov.in/judis
