Madras High Court
M/S.Emfinity India It Solution ... vs Monexo Fintech Pvt. Ltd on 5 September, 2023
Criminal Original Petition No.20501 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Criminal Original Petition No.20501 of 2023
1.M/s.Emfinity India IT Solution Pvt. Ltd. (closed company),
represented by its Director and CEO,
Mr.Karthick Raj Gnanamohan
No.14, Gandhim Pudur, Peelamedu,
Coimbatore - 641 015.
and at SNT Tower, 2nd Floor,
MTP Road, Murugan Nagar,
Thoppampatti Pirivu, Vadamadurai,
Coimbatore - 641 017.
2.Mr.Karthick Raj Gnanamohan
S/o.Gnanamohan previously at D-7, Raja Rajeswari Nagar,
Thoppampatti, Coimbatore - 641 017.
and at SNT Tower, 2nd Floor,
MTP Road, Murugan Nagar,
Thoppampatti Pirivu, Vadamadurai,
Coimbatore - 641 017.
and now residing at
No.E-5, Anandhaya Villas,
Mestri Gounder Thottam,
Thudiyalur Kanuvai Road, Pannimadai Post,
Coimbatore - 641 017. ...Petitioners
Vs
1/6
https://www.mhc.tn.gov.in/judis
Criminal Original Petition No.20501 of 2023
Monexo Fintech Pvt. Ltd.,
Having registered office at
No.174/2, 26th East Street,
Kamaraj Nagar, Thiruvanmiyur,
Chennai - 600 041.
represented by its Authorized Representative
cum Co-Founder, Mr.M.Sundar ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, 1973, praying to set aside the order passed by
learned Principal Sessions Judge, Chennai, in Crl.M.P.No.1 of 2023 in
C.A.No.491 of 2023 dated 29.08.2023 and consequently, suspend the
sentence imposed on the petitioner passed by learned Metropolitan
Magistrate, FTC II, Egmore @ Allikulam, Chennai, made in C.C.No.4438
of 2019.
For Petitioners : Mr.A.R.Suresh
*****
ORDER
This Criminal Original Petition has been filed challenging the order
passed by the Court below dismissing the petition filed by the petitioners in
Crl.M.P.No.1 of 2023 in C.A.No.491 of 2023, dated 29.08.2023 seeking for
suspension of sentence pending Crl.A.No.491 of 2023.
https://www.mhc.tn.gov.in/judis
Criminal Original Petition No.20501 of 2023
2. The petitioners were convicted for offence u/s.138 of the
Negotiable Instruments Act and were sentenced to undergo 6 months simple
imprisonment and to pay the cheque amount as compensation and in default
to undergo 2 months simple imprisonment. This judgment was passed by
learned Metropolitan Magistrate, FTC II, Egmore, on 26.07.2023. While
passing this judgment, the trial Court itself had suspended the sentence till
24.08.2023.
3. Aggrieved by the above judgment, the petitioner filed an appeal
before the Court below in Crl.A.No.491 of 2023. Pending the appeal, the
petitioner filed a petition seeking for suspension of sentence. The Court
below dismissed the petition on the ground that the period for which the
trial Court had granted suspension of sentence had already expired.
Aggrieved by the same, the present petition has been filed before this Court.
4. Heard learned counsel for petitioners and carefully perused the
materials available on record.
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Criminal Original Petition No.20501 of 2023
5. Taking into consideration the facts and circumstances of the case,
this Court is inclined to dispose of the present petition in the following
terms:
(a) the petitioners are directed to surrender before the XXII Additional City
Civil Court, Chennai, on or before 11.09.2023 and file a bail application
before the concerned Court;
(b) the petitioners shall deposit 20% of the compensation amount fixed by
the trial Court within a period of 60 days, to the credit of C.C.No.4438 of
2019;
(c) the XXII Additional City Civil Court, Chennai, shall grant interim bail to
the petitioners for a period of 60 days;
(d) if the petitioners deposit the compensation amount within the period of
60 days fixed by this Court, the bail order shall be made absolute by
imposing necessary conditions; and
(e) if the petitioners fail to deposit the compensation amount as directed by
this Court, interim bail order shall stand cancelled and the Court below
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Criminal Original Petition No.20501 of 2023
shall make the petitioners to undergo the sentence imposed by the trial
Court.
Accordingly, this Criminal Original Petition is disposed of.
05.09.2023
Note: Issue order copy by 07.09.2023
Index : Yes/No
Speaking order:Yes/No
Neutral citation:Yes/No
gm
To
1.The Principal Sessions Judge,
Chennai.
2.The Metropolitan Magistrate,
FTC II, Egmore @ Allikulam,
Chennai.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Criminal Original Petition No.20501 of 2023
N.ANAND VENKATESH, J
gm
Criminal Original Petition No.20501 of 2023
05.09.2023
https://www.mhc.tn.gov.in/judis
