Madras High Court
R.Nithya Devi vs Munirathanam Reddy Kamasani on 15 September, 2023
Crl.O.P.No.21269 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2023
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.21269 of 2023
R.Nithya Devi ... Petitioner
Vs.
Munirathanam Reddy Kamasani ... Respondent
Criminal Original Petition under Section 482 of the Criminal
Procedure Code praying to call for the record set aside the order dated
31.08.2023 made in petition for suspension of sentence vide Criminal
M.P.No.1 of 2023 in C.A.No.498 of 2023 on the file of Principal District
and Sessions Judge, City Civil Court, Chennai.
For Petitioner : Mr.R.Rangarajan
ORDER
This petition has been filed challenging the order passed by the
Court below in Crl.MP.No.1 of 2023 dated 31.08.2023, dismissing the
application filed for suspension of sentence pending Criminal Appeal
No.498 of 2023.
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Crl.O.P.No.21269 of 2023
2. Heard Mr.R.Rangarajan learned Counsel appearing on behalf
of the petitioner and this Court has carefully considered the materials
available on record.
3. The petitioner was convicted for offence under Section 138 of
the Negotiable Instruments Act, 1881 and was sentenced to undergo six
months simple imprisonment and to pay the cheque amount as
compensation and in default to undergo one month simple imprisonment.
4. The petitioner aggrieved by the Judgment of the Trial Court,
filed an appeal before the Principal District and Sessions Judge, City Civil
Court, Chennai in Crl. A.No.498 of 2023 and also filed an application
seeking for suspension of sentence. The Court below dismissed the
application for suspension of sentence on the ground that petitioner was not
present before the Trial Court on the date of passing of the Judgment and
hence, a non bailable warrant has been issued against the petitioner and
therefore, the application for suspension of sentence is not maintainable.
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Crl.O.P.No.21269 of 2023
Aggrieved by the same, the present criminal original petition has been filed
before this Court.
5. Taking into consideration the facts and circumstances of the
case, this Criminal Original Petition is disposed of in the following terms:-
a) The petitioner is directed to surrender before the V Additional,
City Civil Court, Chennai. on 19.09.2023 and shall file a bail application.
b) The petitioner is directed to deposit 20% of the compensation
amount fixed by the trial court within a period of 60 days from 19.09.2023.
c) The Court below shall grant an interim bail to the petitioner for
a period of 60 days.
d) If the petitioner complies with the direction issued by this
Court in clause (b), the bail order shall be made absolute by imposing
necessary conditions. and
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Crl.O.P.No.21269 of 2023
e) If the petitioner fails to deposit the amount as directed by this
Court in Clause (b), the interim bail shall be cancelled and the petitioner
shall be made to serve the sentence imposed by the trial Court.
15.09.2023
Index : Yes/No
Speaking order:Yes/No
Neutral citation:Yes/No
rjr/rka
To
1. V Additional City Civil Court, Chennai
2.The Principal District and Sessions Judge, City Civil Court, Chennai.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21269 of 2023
N.ANAND VENKATESH,J
rka/rjr
Crl.O.P.No.21269 of 2023
15.09.2023
https://www.mhc.tn.gov.in/judis
