Madras High Court
G.A.Raza vs Kanchana on 11 September, 2023
Crl.O.P.No.20664 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.20664 of 2023
1. G.A.Raza
2. Nasreena Raza .. Petitioners
Versus
Kanchana .. Respondent
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to set aside the order passed by the learned Principal
Sessions Judge, City Civil Court at Chennai in Crl.M.P.No.20559 of 2023
in Criminal Appeal No.255 of 2023 against C.C.No.946 of 2020, dated
22.08.2023 and to permit the petitioners to deposit the amount.
For Petitioner : Mr.T.V.Vineeth Kumar
ORDER
This petition has been filed to set aside the order, dated 22.08.2023
passed by the learned Principal Sessions Judge, City Civil Court, Chennai in
Crl.M.P.No.20559 of 2023 in Crl.A.No.255 of 2023.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.20664 of 2023
2. The petitioners faced trial before the learned Metropolitan
Magistrate, Fast Track Court No.II, Egmore at Allikulam, Chennai, for
offence under Section 138 of the Negotiable Instruments Act, 1881. The
Trial Court by judgment dated 13.04.2023 convicted the petitioners and
sentenced them to undergo six months Simple Imprisonment and directed to
pay the cheque amount towards compensation.
3. Aggrieved by the said judgment, the petitioners filed an appeal
before the learned Principal Sessions Judge, City Civil Court, Chennai.
Along with the appeal, the petitioners also filed a petition for suspension of
sentence. The appellate Court, by an order dated 10.05.2023, suspended the
sentence by imposing a condition that the petitioners should deposit 20% of
the compensation amount before the Trial Court to the credit of C.C.No.946
of 2020 within a period of sixty days from the date of order. Again, the
petitioners filed another petition in Crl.M.P.No.16077 of 2023 for extension
of time to deposit the amount and accordingly, the Court has granted for a
further period of thirty days to deposit the amount. However, the
petitioners, instead of depositing 20% of the compensation amount within
the stipulated time, have come up with another petition in
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Crl.O.P.No.20664 of 2023
Crl.M.P.No.20559 of 2023 seeking for further extension of time. Being not
satisfied with reasons, the Court below dismissed the petition. Aggrieved
by the same, the present petition has been filed.
4. Heard Mr.T.V.Vineeth Kumar, learned Counsel for the petitioners.
5. Taking into consideration the facts and circumstances of the case,
this Criminal Original Petition is disposed off with a direction to the
petitioners to deposit 20% of the compensation amount as ordered by the
Court below to the credit of C.C.No.946 of 2023 on the file of the learned
Metropolitan Magistrate, Fast Track Court No.II, Egmore at Allikulam,
Chennai within a period of one week from today. It is made clear that if the
petitioners fail to deposit the amount within the time stipulated by this
Court, the suspension of sentence granted in favour of the petitioner shall
stand cancelled automatically without any further reference to this Court.
1109.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
Note : Issue order copy on 12.09.2023.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.20664 of 2023
To
1. The Principal Sessions Judge,
City Civil Court, Chennai.
2. The Metropolitan Magistrate,
Fast Track Court No.II,
Egmore, Allikulam, Chennai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.20664 of 2023
N.ANAND VENKATESH, J.
grs
Crl.O.P.No.20664 of 2023
11.09.2023
https://www.mhc.tn.gov.in/judis
