I.Jayalakshmi vs A.S.M.Karthick Kumar
2023 Latest Caselaw 12634 Mad

                                                                                    Crl.O.P.No.21267 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.21267 of 2023

                     I.Jayalakshmi                                                 ... Petitioner
                                                               Vs.

                     A.S.M.Karthick Kumar                                          ... Respondent

                                  Criminal Original Petition under Section 482 of the Criminal
                     Procedure Code praying to set aside the Order dated 31.08.2023, passed in
                     Criminal M.P.No.1 of 2023 in Criminal Appeal No.484 of 2023, passed by
                     the Principle Session Judge, City Civil Court, Chennai.
                                       For Petitioner      : Mr.R.John Sathiyan
                                                             Senior Counsel for
                                                             M/s.Meiyappan Mohan

                                                            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 seeking for suspension of sentence pending in Criminal Appeal

No.484 of 2023.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21267 of 2023

2. Heard Mr.R.John Sathiyan, Senior 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 two months simple imprisonment.

The Trial Court had suspended the sentence till 17.08.2023.

4. The petitioner aggrieved by the Judgment of the Trial Court

filed an appeal before the Principal Session Judge, City Civil Court,

Chennai in Crl A.No.484 of 2023. Pending the appeal, an application was

filed seeking for suspension of sentence. By the time this application was

heard, the period for which the trial Court had suspended the sentence has

expired and hence, the Court below has proceeded to dismiss the application

and refused to entertain the same in the absence of the petitioner. Aggrieved

by the same, this Criminal Original petition has been filed before this

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21267 of 2023

Court.

5. The learned Senior Counsel appearing on behalf of the

petitioner submitted that the petitioner was in disposed and was not able to

be present before the Court and to substantiate the same, the learned Senior

Counsel brought to the notice of this Court the medical reports.

6. 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 XVII

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21267 of 2023

necessary conditions. and

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

Note : Issue order copy on 15.09.2023

To

1. XVII Additional City Civil Court, Chennai

2. Principle Session Judge, City Civil Court, Chennai

3. The Public Prosecutor, High Court, Madras

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21267 of 2023

N.ANAND VENKATESH,J

rka/rjr

Crl.O.P.No.21267 of 2023

15.09.2023

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