Madras High Court
M/S.Nivar Products Pvt Ltd vs Dr.G.Arumugam on 13 October, 2023
Crl.OP.No.22829 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.OP.No.22829 of 2023
and
Crl.MP.No.15988 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.545 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.545 of 2023 dated 14.09.2023.
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Crl.OP.No.22829 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 25.04.2009 and another cheque for
Rs.2,00,000/- dated 27.06.2009. 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.4854 of 2010, the petitioner has preferred Criminal Appeal in
Crl.A.No.545 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
did not obtain any order for suspension of sentence from the trial court
nor surrendered before the Appellate Court.
4. The learned Appellate Court while considering the application
for 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 was taken up for consideration on 14.09.2023. In
the meanwhile, there is possibility of issuance of warrant and if warrant
https://www.mhc.tn.gov.in/judis
Crl.OP.No.22829 of 2023
is issued by the trial court, the suspension of sentence application cannot
be 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 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.4884 of 2010 and on such deposit with the receipt, he shall
appear before the learned Principal Sessions Judge, Chennai and seek
for suspension of sentence pending appeal in Crl.A.No.545 of 2023. If
20% of the compensation amount is deposited, the learned Principal
Sessions Judge, Chennai, shall consider the suspension of sentence
application 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
(2/2)
Note: Issue Order Copy on 16.10.2023
https://www.mhc.tn.gov.in/judis
Crl.OP.No.22829 of 2023
To
1.The Principal Sessions Judge,
Chennai,
2. The Public Prosecutor,
High Court of Madras,
Chennai.
https://www.mhc.tn.gov.in/judis
Crl.OP.No.22829 of 2023
Dr.G.JAYACHANDRAN,J.
Vv
Crl.OP.No.22829 of 2023
and
Crl.MP.No.15988 of 2023
13.10.2023
(2/2)
https://www.mhc.tn.gov.in/judis
