Yazh Industries Pvt. Ltd vs Ramesh
2023 Latest Caselaw 7276 Mad

                                                                                        Crl.O.P..No.14409 of 2023


                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 28.06.2023

                                                          CORAM:

                        THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                                Crl.O.P.No.14409 of 2023

                1.Yazh Industries Pvt. Ltd.,
                  Rep by its Managing Partner Mrs. Sumathi,
                  W/o. Selvakumar,
                  No.165, “B” Sai Building
                  Avinashi Main Road,
                  Chinniampalayam,
                  Coimbatore District.

                2. Aarudhra Milk INT PVT LTD.,
                   Rep by its Managing Partner Mrs.Sumathi
                   W/o. Selvakumar,
                   No.135/1A, Durgam Road, Madur Gramam,
                   Kallakurichi Taluk,
                   Kallakurichi District.

                3. Sumathi.                                                        ....Petitioners
                                                             Vs.
                Ramesh                                                 ... Respondent
                PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
                to modify the condition No.2 directing the Petitioner to deposit 20% of the
                compensation amount as cash security before the learned Judicial Magistrate
                (Fast       Track     Court),      Kallakurichi    dated   26.04.2023      imposed           in
                Crl.M.P.No.2945 of 2023 by the learned Principal Sessions Judge,
                Villupuram.
                                  For Petitioner       : Mr.M.R.PRabhu

https://www.mhc.tn.gov.in/judis
                1/4
                                                                                  Crl.O.P..No.14409 of 2023


                                                      ORDER

This Criminal Original Petition has been filed to modify the condition

No.2 directing the Petitioner to deposit 20% of the compensation amount as

cash security before the learned Judicial Magistrate (Fast Track Court),

Kallakurichi dated 26.04.2023 imposed in Crl.M.P.No.2945 of 2023 by the

learned Principal Sessions Judge, Villupuram.

2. The learned counsel for the petitioner submitted that, petitioner was

convicted and sentenced to undergo rigorous imprisonment for one year and

to pay double the cheque amount namely Rs.1,20,00,000/- as compensation

and in default to undergo simple imprisonment for two months as per the

order passed by the learned Judicial Magistrate (Fast Track Court),

Kallakurichi in ST.C.No.24 of 2020. Challenging the said judgment,

petitioner filed criminal appeal in Crl.A.No.34 of 2023 on the file of the

Principle Sessions Judge, Villupuram along with the petition for suspension

of sentence. The learned Judge while suspending the sentence in

Crl.M.P.No.2945 of 2023 in Crl.A.No.34 of 2023 directed the petitioner to

deposit 20% of the compensation amount as cash security before the learned

Judicial Magistrate ( Fast Track Court), Kallakurichi. Challenging the order,

present petition is filed.

3. It is the submission of the learned counsel for the petitioner that,

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

Crl.O.P..No.14409 of 2023

petitioner is prepared to pay 20% of the cheque amount ie., 12 lakhs. Asking

the petitioner to pay 20% of double the cheque amount is a huge burdern for

the petitioner, when the trial Court's judgement is under challenge.

4. In the light the submission made by the learned counsel for the

petitioner and that this submission is genuine and reasonable, this Court

modifies the order of the learned Judicial Magistrate (Fast Track Court),

Kallakurichi and directs the petitioner to deposit 20% of the cheque amount

ie., Rs. 12 lakhs instead of Rs.24 lakhs within a period of four weeks from

the date of receipt of copy of the order.

5.Accordingly, this Criminal Original Petition is allowed with the

above said modification.

28.06.2023 Internet:Yes Index:Yes/No Sma

To:

Judicial Magistrate (Fast Track Court), Kallakurichi

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

Crl.O.P..No.14409 of 2023

G.CHANDRASEKHARAN, J.

sma

Crl.O.P. No.14409 of 2023

28.06.2023

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