A.Marimuthu vs G.Ashok Kumar
2023 Latest Caselaw 13621 Mad

                                                                                Crl.O.P..No.22256 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED : 06.10.2023

                                                              CORAM

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                   Crl.O.P.No.22256 of 2023

                     A.Marimuthu                                                        ... Petitioner

                                                                Vs.
                     G.Ashok Kumar                                                    ... Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, pleased to set aside the order dated 19.06.2023 made in
                     Crl.M.P.No.13731 of 2023 in Crl.A.No.336 on the file of the learned
                     Principal Sessions Judge, Chennai, pending disposal of the above Criminal
                     Appeal.
                                        For Petitioner       : Mr.S.Panneer Selvan


                                                           ORDER

The petitioner herein was convicted by the Metropolitan Magistrate

Fast Track Court-II, Egmore at Allikulam, Chennai in C.C.No.7172 of 2019

vide judgment dated 16.05.2023. He was sentenced to undergo 6 months

Simple Imprisonment for an offence under Section 138 of Negotiable

Instruments Act.

https://www.mhc.tn.gov.in/judis Crl.O.P..No.22256 of 2023

2. On the date of judgment, the petitioner sought for suspension of

sentence. Accordingly, the trial Court suspended the sentence till 14.06.2023

and also directed the petitioner/accused to appear before the trial Court with

the appellate Court order of suspension of sentence. The petitioner promptly

preferred appeal before the Sessions Court, Chennai in Crl.A.No.336 of

2023. However, when his application for suspension of sentence came up for

consideration on 19.06.2023, neither he nor his counsel appeared.

Therefore, the petition was dismissed for default and directed the trial Court

to issue conviction warrant and intimate to the same to the appellate Court.

3. In the said circumstances, the present Criminal Original Petition is

filed to set aside the order of the learned Principal Session Judge dated

19.06.2023. Having convicted, the petitioner either should undergo the

sentence or seek bail / suspension of sentence from the appellate Court on

preferring appeal. His application for suspension of sentence was dismissed

for default and as a consequence, he must be secured and sent to prison.

4. In this petition though he sought for relief to set aside the order of

the learned Principal Sessions Judge, the consequential relief not prayed .

https://www.mhc.tn.gov.in/judis Crl.O.P..No.22256 of 2023

There is no undertakings on the part of the petitioner that he will surrender

before the trial Court and seek for appropriate relief. However, having come

to the High Court invoking the inherent power of this Court and considering

the term of imprisonment, this Court is of the view that if the petitioner

deposits 20% of the cheque amount in the trial Court in CC account and

produced it before the Sessions Court and appear in person and seek for

suspension of sentence pending disposal of the appeal, such application may

be consider on the same day and appropriate order shall be passed. The time

for deposit of 20% of the cheque amount shall be on or before 18.10.2023.

5. With the above direction, this Criminal Original Petition is

disposed of.

06.10.2023

Index : Yes/No Neutral Citation : Yes/No

rpl

To The Principal Sessions Judge, Chennai

Dr.G.JAYACHANDRAN,J.

rpl

https://www.mhc.tn.gov.in/judis Crl.O.P..No.22256 of 2023

Crl.O.P.No.22256 of 2023

06.10.2023

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