R.Jeyapal vs M.Nagarajan
2023 Latest Caselaw 14235 Mad

                                                                             Crl.O.P.(MD) No.19778 of 2023

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 07.11.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                              Crl.O.P.(MD)No.19778 of 2023

                 R.Jeyapal                                                       ... Petitioner

                                                         Vs.

                 M.Nagarajan                                                     ... Respondent

                 PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to set

                 aside the order passed in Cr.M.P.No.unnumbered of 2023 in Cr.M.P.No.1773 oaf

                 2023 in C.A.No.unnumbered of 2023, dated 20.10.2023 on the file fo the

                 Principal Sessions Judge, Thoothukudi, by allowing this Criminal Original

                 Petition and to direct the appellate Court to take criminal appeal on file along

                 with the petition for suspension of sentence and consider on merits in accordance

                 with law.

                                  For petitioner    : Mr.S.Ramasamy
                                  For Respondent    : Mr.G.Alwarsamy Sivakumar




                 1/6

https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.(MD) No.19778 of 2023

                                                         ORDER

This criminal original petition has been filed to set aside the order passed in

Cr.M.P.No.unnumbered of 2023 in Cr.M.P.No.1773 oaf 2023 in

C.A.No.unnumbered of 2023, dated 20.10.2023 on the file fo the Principal

Sessions Judge, Thoothukudi, by allowing this Criminal Original Petition and to

direct the appellate Court to take criminal appeal on file along with the petition

for suspension of sentence and consider on merits in accordance with law.

2.The petitioner was convicted and sentenced to undergo three months

simple imprisonment by the trial Court. Apart from that he was also directed to

pay the cheque amount of Rs.3,23,000/-. The above said judgment of conviction

and sentence was passed on 20.12.2022, by the learned Judicial Magistrate, (Fast

Track Court), Kovilpatti. Against which, the petitioner filed an appeal along with

a petition seeking condonation of delay in filing the said appeal in Crl.M.P.No.

1773 of 2023, before the learned Principal District Judge, Tuticorin. That was

allowed on condition of payment of Rs.2,000/- as cost on 29.08.2023. The cost

was ordered to be paid on or before 13.09.2023. But, the petitioner has not paid

the above said cost. When the matter was called on 14.09.2023, since the cost

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.19778 of 2023

was not paid, it was dismissed. Thereafter, on 20.10.2023, the petitioner paid the

above said conditional cost.

3.The learned counsel for the petitioner would further submit that after that

the matter was compromised between the parties. But, because of the above said

dismissal of Crl.M.P.No.1773 of 2023, now, he has been sent to the prison to

suffer the sentence and detained in Central Prison, Palayamkottai, on 19.10.2023.

To set aside the above said dismissal order passed in Crl.M.P.No.1773 of 2023,

the petitioner filed another petition. It was returned by the appellate Court on

20.10.2023, stating that it is not maintainable. Challenging the above said return

order, this petition has been filed on the ground that without hearing the

petitioner, on the administrative side only, the above said order was passed.

4.The maintainability of the petition ought to have been decided by the

appellate Court on its judicial side and not on the administrative side. In view of

the settlement reached between the parties, which is also admitted by the

respondent, who is also present before this Court along with his Advocate, the

sentence of imprisonment imposed upon the petitioner by the trial Court alone be

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.19778 of 2023

suspended till 27.11.2023. In the meantime, let the above said petition be

represented before the appellate Court, namely the Principal District Court,

Tuticorin. The learned Principal District Judge, Tuticorin, shall take cognizance

of the matter and decide the same in view of the settlement reached between the

parties. Let the petitioner be released from the Prison, on executing personal

Bond of Rs.10,000/- (Rupees Ten Thousand only). Registry is directed to return

the petition filed by the petitioner, under proper acknowledgement, enabling him

to represent the same before the appellate Court.

5.Accordingly, this criminal original petition stands disposed of and the

order passed in Cr.M.P.No.unnumbered of 2023 in Cr.M.P.No.1773 oaf 2023 in

C.A.No.unnumbered of 2023, dated 20.10.2023 on the file fo the Principal

Sessions Judge, Thoothukudi, is hereby set aside.

07.11.2023

Index : Yes/No Internet : Yes/No TM Note: Issue Order copy on 07.11.2023

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.19778 of 2023

To

1.The Principal District Judge, Tuticorin.

2.The Judicial Magistrate, (Fast Track Court), Kovilpatti.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.19778 of 2023

G.ILANGOVAN. J.

TM

Crl.O.P.(MD)No.19778 of 2023

07.11.2023

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