Madras High Court
R.Alagesan vs V.Rajeshwari on 30 November, 2023
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.2028 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2023
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.2028 of 2023
R.Alagesan ... Petitioner
Vs.
V.Rajeshwari ... Respondent
PRAYER: Criminal Revision Case has been filed under Sections 397 and 401
of Cr.P.C, praying to call for the records in Crl.M.P.No.28286/2023 in
Crl.A.No.643/2023 on the file of the Principal Judge, City Civil Court,
Chennai and examine the correctness, legality or propreity of the findings and
set aside the order dated 06.11.2023 by revising the same.
For Petitioner : Mr.V.Jayakumar
ORDER
This petition has been filed to set aside the order passed by the
learned Principal Judge, City Civil Court, Chennai in Crl.M.P.No.28286 of
2023 in Crl.A.No.643 of 2023 dated 06.11.2023.
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2. The petitioner, who is the accused in a case filed under Section
138 of the Negotiable Instruments Act by the respondent in C.C.No.4845 of
2019, was convicted by the Trial Court by judgment dated 21.09.2023.
Aggrieved by the same, the petitioner preferred an appeal before the Sessions
Court in C.A.No.643 of 2023 and suspension of sentence petition under
Section 389(1) of Cr.P.C. in Crl.M.P.No.28286 of 2023. The Principal
Sessions Judge, City Civil Court, Chennai by order dated 06.11.2023
dismissed the petition on the ground that the Lower Court issued conviction
warrant against the petitioner/accused on 25.10.2023 and the warrant is
pending against the accused. Aggreived against the same, the present revision
has been filed.
3.The learned counsel for the petitioner submitted that the Lower
Court though had rendered a judgment of conviction against the petitioner on
21.09.2023, by mistake in the first page of the judgment, it has been wrongly
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typed as 11.09.2023. Thereafter, the petitioner filed a petition under Section
362 of Cr.P.C. before the Lower Court and the same is corrected. He further
submitted that on the date of his conviction, i.e., on 21.09.2023, the petitioner
filed a petition under Section 389(3) Cr.P.C. seeking suspension of sentence
and the Trial Court in the judgment recorded the same and suspended the
sentence of the petitioner giving 30 days time to the petitioner to prefer an
appeal. The petitioner filed an appeal before the Sessions Court along with
suspension of sentence petition on 18.10.2023, which was returned and later
resubmitted on 19.10.2023.
3.1.In the first suspension of sentence petition in
Crl.M.P.No.27514 of 2023, the Principal Sessions Judge found that in the
first page of the judgment the date is mentioned as 11.09.2023 and hence, 30
days is over and the Trial Court would have issued conviction warrant and
hence, dismissed the petition. Thereafter the petitioner pointing out the
typographical error on the date in the judgment filed another petition in
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Crl.M.P.No.28286 of 2023. Again the same was dismissed for the reason that
the trial Court would have issued a conviction warrant on 25.10.2023.
According to the petitioner, this may not be proper for the simple reason that
the trial Court in Crl.M.P.No.42095 of 2023 dated 21.09.2023 had suspended
the sentence and granted 30 days time. This 30 days would get over only on
20.10.2023. Further from 21.10.2023 to 29.10.2023 all the Courts were
closed for Dussehra holidays and the petitioner would have a benefit of
Section 471 Cr.P.C. These facts have not been considered by the Principal
Sessions Judge, Chennai. He further submitted that now appeal in
C.A.No.643 of 2023 was made over to XVI Additional Sessions Judge, City
Civil Court, Chennai.
3.2.The learned counsel for petitioner fairly submitted that the
practise in the Sessions Court is 20% of the cheque amount is normally
deposited as a condition for suspending the sentence, which the petitioner is
ready and has got no objection to deposit the same. In this case, the cheque
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amount is Rs.10,00,000/- and the 20% would be around Rs.2,00,000/- which
the petitioenr is ready to deposit.
4.Considering the submissions made and on a perusal of the
material it is seen that the Trial Court rendered a judgment of conviction on
21.09.2023. The petitioner was given 30 days time in Crl.M.P.No.42095 of
2023 dated 21.09.2023. The 30 days is getting over on 20.10.2023 and
admittedly the appeal and suspension of sentence petitions have been filed on
19.10.2023, which was recorded in the impugned order. Hence, it has been
filed within the period of limitation. From 21.10.2023 to 29.10.2023, the
Courts were closed for Dussehra holidays. Hence, benefit of Section 471
Cr.P.C. is to be extended to the petitioner.
5.In view of the same, the order passed by the learned Principal
Sessions Judge, City Civil Court, Chennai in Crl.M.P.No.28286 of 2023
dated 06.11.2023 is set aside. The learned XVI Additional Sessions Judge,
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City Civil Court, Chennai is directed to grant suspension of sentence to the
petitioner by directing the petitioner to deposit 20% of the cheque amount
with usual conditions. The petitioner is directed to appear before the Lower
Court to file an appropriate petition along with proof of deposit of 20% of the
cheque amount Rs.10,00,000/-, i.e., Rs.2,00,000/- within a period of 15 days
from the date of receipt of a copy of this order.
6.With the above directions, the Criminal Revision Case is allowed.
30.11.2023
Index : Yes/No
Internet : Yes/No
Speaking order / Non-speaking order
rsi
Note: Issue order copy on 11.12.2023.
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To
1.The Principal Sessions Judge,
City Civil Court, Chennai.
2.The XVI Additional Sessions Judge,
City Civil Court, Chennai.
3.The Public Prosecutor,
High Court, Madras.
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M.NIRMAL KUMAR, J.
rsi
30.11.2023
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