Madras High Court
S.Sritharanswamiji vs R.Somasundram on 30 November, 2023
Crl.R.C.(MD).No.1278 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 30.11.2023
CORAM
THE HONOURABLE MR. JUSTICE P.VADAMALAI
Crl.R.C.(MD).No.1278 of 2023
and
Crl.M.P(MD).No.16349 of 2023
S.Sritharanswamiji .. Petitioner
Vs.
R.Somasundram ... Respondent
PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of
the Criminal Procedure Code, to take this revision petition on the file and to
call for the records from the lower appellate Court and allowed the revision
petitioner by setting aside the first condition of the order, imposed for
suspension of sentence, to deposit 20% of the compensation amount within
a month dated 06.10.2023 in Cr.M.P.No.5723 of 2023 in Crl.A.No.98 of
2023, on the file of the Principal District and Sessions Judge, Madurai.
For Petitioner : Mr.M.Ramasubramanian
1/6
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD).No.1278 of 2023
ORDER
This Criminal Revision Case has been filed to take this revision
petition on the file and to call for the records from the lower appellate Court
and allowed the revision petitioner by setting aside the first condition of the
order, imposed for suspension of sentence, to deposit 20% of the
compensation amount within a month dated 06.10.2023 in Cr.M.P.No.5723
of 2023 in Crl.A.No.98 of 2023, on the file of the Principal District and
Sessions Judge, Madurai.
2.The brief facts of the case as follows:
The petitioner and the respondent are friends. The respondent has
given a sum of Rs.40,00,000/-(Rupees Forty Lakhs only) to the petitioner
for purchasing land from one Parameshwaran. The respondent/complainant
entered into the sale agreement with the said Parameshwaran. After
conclusion of sale agreement, the petitioner handed over the documents
relating to the encumbrance of the property sold out. On perusal of the
same, it is revealed to the complainant that the said Parameshwaran had
executed sale deed in favour of the third parties. Thereafter, the
respondent/complainant approached the petitioner for refund of the money.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD).No.1278 of 2023
Therefore, the petitioner issued three cheques in favour the respondent, out
of two cheques were bounced back. Thereafter, respondent filed a complaint
under Section 138 of the Negotiable Instruments Act against the petitioner
before the trial Court.
3.The trial court, namely, learned Judicial Magistrate No.1, Fast Track
Court at Magistrate Level, Madurai, by judgment, dated 08.09.2023 made in
S.T.C.No.58 of 2019 convicted the revision petitioner/accused for the
offence under Section 138 of Negotiable Instruments Act and sentenced him
to undergo simple imprisonment for a period of one year and directed to pay
a compensation of Rs.7,00,000/- to the respondent, in default to undergo
simple imprisonment for a period of two months. Aggrieved by the
judgment of the trial court, the petitioner has preferred the appeal before the
learned Principal District and Sessions Judge, Madurai, which was taken on
file in Crl.A.No.98 of 2023 and while moving suspension of sentence, the
learned Principal District and Sessions Judge, Madurai, suspended the
sentence imposed by the learned Judicial Magistrate No.1, Fast Track Court
at Magistrate Level, Madurai, in S.T.C.No.58 of 2019 on 08.09.2023, with
certain condition, vide order, dated 06.10.2023 in Crl.M.P.No.5723 of 2023
in Crl.A(MD).No.98 of 2023.
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Crl.R.C.(MD).No.1278 of 2023
4.The learned Principal District and Sessions Judge, Madurai, while
granting suspension of sentence, imposed the certain conditions upon the
petitioner. One of the conditions (1) is that 'the petitioner is directed to
deposit 20% of the compensation amount before the learned Judicial
Magistrate No.1, Fast Track Court at Magistrate Level, Madurai, within a
month”. Challenging the first condition imposed on the petitioner in
Crl.M.P.No.5723 of 2023 in Crl.A(MD).No.98 of 2023, by the learned
Principal District and Sessions Judge, Madurai, the petitioner filed this
Criminal Revision Case.
5. Heard the learned counsel appearing for the petitioner and perused
the materials available on record.
6. The main grievance of the petitioner is that the condition No. (1)
imposed by the learned learned Principal District and Sessions Judge,
Madurai, in directing the petitioner to deposit 20% of the cheque amount is
onerous. But as per Section 148 of the Negotiable Instruments Act, the
condition (1) imposed by the learned Judge is reasonable one and this Court
is not inclined to allow this petition.
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Crl.R.C.(MD).No.1278 of 2023
7. Accordingly this Criminal Revision Case is dismissed. However,
the petitioner is permitted to deposit 20% of the compensation amount
before the learned Judicial Magistrate No.I, Fast Track Court at Magistrate
Level, Madurai, within a period of four weeks from the date of receipt of a
copy of this order. Consequently, the connected Criminal Miscellaneous
Petition is closed.
30.11.2023
Index : Yes / No
Internet : Yes / No
tta
To,
The Principal District and Sessions Court, Madurai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD).No.1278 of 2023
P.VADAMALAI, J
tta
Crl.R.C.(MD).No.1278 of 2023
30.11.2023
https://www.mhc.tn.gov.in/judis
