Maruthi Constructions vs Kesavan
2023 Latest Caselaw 11828 Mad

                                                                            Crl.O.P.No.19924 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 04.09.2023

                                                        CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              Crl.O.P No.19924 of 2023
                1.Maruthi Constructions,
                  D.No.6/243-A Green Park School Road,
                  Lakshmi Nagar, Bothupatti Post,
                  Namakkal 637 001
                  Rep by its Managing Partner,
                  Mr.Shivakumar.

                2.Shivakumar
                                                                                       ...Petitioner
                                                         vs.

                Kesavan
                                                                                     ...Respondent
                PRAYER:
                          Criminal Original Petition filed under Section 482 of the Code of
                Criminal Procedure, to modify the order of the Additional District and Sessions
                Judge, Namakkal dated 17.04.2023 in Crl.M.P.No.637 of 2023 in Crl.A.No.65
                of 2023, directing the second petitioner herein to deposit 20% of Rs.36,00,000/-
                which works out to Rs.7,20,000/- before the learned Judicial Magistrate No.I,
                Namakkal under Section 148 of the Negotiable Instruments Act to that of 5% of
                Rs.36,00,000/- which works out to Rs.1,80,000/-.

                                       For Petitioner    : Mr.J.I.Rajkumar Roberts


                                                        ORDER

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This criminal original petition has been filed to modify one of the

conditions that was imposed by the Court below while suspending the sentence

in imposed in CC.No.272 of 2021 by judgment dated 03.03.2023.

2. The petitioner was convicted for offence under Section 138 of the

Negotiable Instruments Act and he was sentenced to undergo six months simple

imprisonment and to pay compensation of Rs.36,00,000/- by the learned

Judicial Magistrate No.I, Namakkal in CC.No.272 of 2021 by judgment dated

03.03.2023. Aggrieved by the same, the petitioner filed an appeal before the

Court below in Crl.A.No.65 of 2023. Pending appeal, the petitioner filed an

application for suspending the sentence in CMP.No.637 of 2023. The Court

below suspended the sentence by imposing certain conditions. One such

condition was that the petitioner was directed to deposit 20% of the

compensation amount.

3. The petitioner filed an application for modification of the above

condition and the Court below by order dated 07.07.2023, once again directed

the petitioner to deposit 20% of the compensation amount within a period of 60

days. Aggrieved by the same, the present petition is filed before this Court.

4. This Court carefully considered the submission made by the learned https://www.mhc.tn.gov.in/judis Page No.2/4 Crl.O.P.No.19924 of 2023

counsel for the petitioner and perused the materials available on record.

5. Taking into consideration the facts and circumstances of the case, there

shall be a direction to the petitioner to deposit a sum of Rs.5,00,000/- to the

credit of CC.No.272 of 2021 on the file of the learned Judicial Magistrate No.I,

Namakkal on or before 14.09.2023. Hence, the condition imposed by the Court

below is modified to that extent. If the petitioner fails to deposit the amount as

directed by this Court, it is left open to the Court below to proceed further to

secure the petitioner and make him undergo the sentence.

6. This criminal original petition is disposed of in the above terms.

                                                                                           04.09.2023

                Index      : Yes/No
                Internet   : Yes/No
                Speaking Order/Non-Speaking Order
                nsa

Note: Issue order copy on 05.09.2023.

https://www.mhc.tn.gov.in/judis Page No.3/4 Crl.O.P.No.19924 of 2023

N. ANAND VENKATESH, J.

nsa To

1.The Additional District and Sessions Judge, Namakkal.

2.The Judicial Magistrate No.I, Namakkal

Crl.O.P No.19924 of 2023

04.09.2023

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