R.Joseph vs S.Mariyammal
2023 Latest Caselaw 12521 Mad

                                                                              Crl.O.P.No.21028 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 14.09.2023

                                                          CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              Crl.O.P.No.21028 of 2023

                     R.Joseph
                     S/o.Raji                                                 .. Petitioner


                                                           Vs.
                     S.Mariyammal
                     W/o.Sathyamoorthy                                        ..Respondent


                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to grant further period of 30 days time
                     for depositing 20% of the cheque amount and extend the interim order
                     passed in Crl.M.P.No.2323 of 2023 in Crl.A.No.738 of 2021 passed by
                     learned Principal District and Sessions Judge, Tiruvallur, on 08.06.2023.


                                         For Petitioner   : Mr.K.M.Malarmannan
                                                          *****




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https://www.mhc.tn.gov.in/judis
                                                                                      Crl.O.P.No.21028 of 2023

                                                           ORDER

This Criminal Original Petition has been filed seeking for extension

of time to deposit 20% of compensation amount imposed as a condition by

the Court below for granting suspension of sentence in favour of the

petitioner.

2. The petitioner faced trial before the Judicial Magistrate, Fast Track

Court at Magisterial Level, Poonamallee, for an offence under Section 138

of the Negotiable Instruments Act. The trial Court by judgment dated

11.04.2023 convicted the petitioner and sentenced him to undergo one year

simple imprisonment and directed the petitioner to pay a sum of

Rs.3,00,000/- as compensation within a period of thirty days in default to

undergo three months simple imprisonment.

3. Aggrieved by the said judgment, the petitioner filed an appeal

before the learned Principal District and Sessions Judge, Tiruvallur. Along

with the appeal, the petitioner also filed a petition for suspension of

sentence. The appellate Court by an order dated 08.06.2023 suspended the

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21028 of 2023

sentence by imposing certain conditions. One of the conditions imposed by

the appellate Court was that the petitioner should deposit 20% of the

compensation amount ordered by the trial Court. The petitioner was given

sixty days to make this deposit.

4. Learned counsel for petitioner submitted that the petitioner was not

able to arrange money for making this deposit due to financial constraints

and therefore, the present petition has been filed seeking for extension of

time. The learned counsel further submitted that the petitioner will deposit

this amount within a period of thirty days from today.

Taking into consideration the facts and circumstances of the case, this

Criminal Original Petition is disposed of with a direction to the petitioner to

deposit 20% of the compensation amount ordered by the trial Court within a

period of thirty (30) days from today. The other conditions imposed by the

appellate Court shall stand as it is. It is made clear that if the petitioner fails

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21028 of 2023

N.ANAND VENKATESH, J

gm

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.

This Criminal Original Petition is disposed of with the above

direction.

14.09.2023 Note: Issue order copy by 20.09.2023 Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No gm

To

1.The Principal District and Sessions Judge, Tiruvallur.

2.The Judicial Magistrate, Fast Track Court at Magisterial Level, Poonamallee.

Crl.O.P.No.21028 of 2023

https://www.mhc.tn.gov.in/judis