Madras High Court
M/S.Nivar Products Pvt Ltd vs Dr.G.Arumugam on 13 October, 2023
Crl.OP.No.22827 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.OP.No.22827 of 2023
and
Crl.MP.No.15985 of 2023
1. M/s.Nivar Products Pvt Ltd.,
Represented by its Director,
V.S.Dinakar
2. V.S.Dinakar ... Petitioners
Vs.
Dr.G.Arumugam ... Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code, pleased to call for the records in Crl.MP.No.1/2023 in
Crl.A.No.544 of 2023 pending on the file of the Hon'ble Principal
Sessions Judge, Chennai and set aside the order of the Hon'ble Principal
Sessions Judge, Chennai dated 14.09.2023 .
For Petitioners : Mr.Ravishankar Vallatharasu
ORDER
This Criminal Original Petition is filed to set aside the order of
dismissal passed by the learned Principal Sessions Judge, Chennai in
Crl.MP.No.1/2023 in Crl.A.No.544 of 2023 dated 14.09.2023.
https://www.mhc.tn.gov.in/judis
Crl.OP.No.22827 of 2023
2. The petitioner herein found guilty in a private complaint initiated
under Section 138 of Negotiable Instruments Act for issuing a cheque for
Rs.50,000/- dated 10.05.2009 and and cheque for Rs.2,00,000/- dated
27.05.2009. Both were returned on presentation. The second petitioner
herein was convicted and sentenced to undergo simple imprisonment for
six months and to pay double the cheque amount as compensation.
3. Aggrieved against the said judgment of conviction and sentence
in C.C.No.4855 of 2010 , the petitioner has preferred Criminal Appeal in
Crl.A.No.544 of 2023 on the file of the learned Principal Sessions
Judge, Chennai. Along with the said appeal, the petitioner has filed
miscellaneous petition seeking suspension of sentence, the same was
dismissed by the lower Appellate Court on the ground that the petitioner
does not obtain any order for suspension of sentence from the trial court
and not surrender before the Appellate Court.
4. The learned Appellate Court while considering the application of
suspension of sentence has observed that the trial Court has suspended
the sentence only till 12.09.2023 and thereafter the suspension of
sentence application has taken up for consideration on 14.09.2023. In the
meanwhile, there is possibility of issuance of warrant and if warrant is
issued by the trial court, the suspension of sentence application cannot be
https://www.mhc.tn.gov.in/judis
Crl.OP.No.22827 of 2023
entertained. Challenging the said order, now the petitioner/accused is
before this Court.
5. On examining the documents under request made by the
petitioner, this Court thereby directs the petitioner/accused to deposit a
sum of Rs.1,00,000/- being 20% of the compensation awarded, to the
credit of C.C.No.4855 of 2010 and on such deposit with the receipt, he
shall appear before the learned Principal Sessions Judge, Chennai, the
appeal pending in Crl.A.No.544 of 2023 and seek for suspension of
sentence pending appeal. If 20% of the compensation amount is
deposited, the learned Principal Sessions Judge, Chennai, shall consider
the suspension of sentence petition imposing the other regular conditions
and grant relief. The time for complying with this condition is 15 days
from today.
5. With the above directions, this Criminal Original Petition is
disposed of.
Vv 13.10.2023
(1/2)
Note: Issue Order Copy on 16.10.2023
To
https://www.mhc.tn.gov.in/judis
Crl.OP.No.22827 of 2023
1.The Principal Sessions Judge,
Chennai,
2. The Public Prosecutor,
High Court of Madras,
Chennai.
Dr.G.JAYACHANDRAN,J.
Vv
https://www.mhc.tn.gov.in/judis
Crl.OP.No.22827 of 2023
Crl.OP.No.22827 of 2023
and
Crl.MP.No.15985 of 2023
13.10.2023
(1/2)
https://www.mhc.tn.gov.in/judis
