V.Chithra vs M.Aravind Bagrecha
2023 Latest Caselaw 12717 Mad

Citation : 2023 Latest Caselaw 12717 Mad
Judgement Date : 19 September, 2023

Madras High Court

V.Chithra vs M.Aravind Bagrecha on 19 September, 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 19.09.2023

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                Crl.O.P.No.21527 of 2023


            V.Chithra                                                                      ... Petitioner

                                                          Vs.

            M.Aravind Bagrecha                                                            ....Respondent

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal

Procedure, to set-aside the order passed in Crl.M.P.No.1 of 2023 in Crl.A.No.474 of

2023 dated 21.08.2023 by the Learned Principal District and Sessions Judge, City Civil

Court, Chennai and enlarge the Petitioner/Appellant on bail, pending disposal of the

Criminal Appeal in Crl.A.No.474 of 2023 on the file of Learned VI Additional Sessions

Judge, City Civil Court, Chennai.

                                     For Petitioner          : Mr.Durai Kannan

                                     For Respondent          :   Mr.A.Damodaran
                                                                 Additional Public Prosecutor






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

This criminal original petition has been filed challenging the order passed by the

Court below dismissing the application filed seeking for suspension of sentence

pending disposal of Crl.A.No.474 of 2023.

2.Heard the learned counsel for the petitioner and also carefully perused the

materials available on record.

3.The petitioner was convicted for offence under Section 138 of the Negotiable

Instruments Act and was sentenced to undergo one year simple imprisonment and pay

cheque amount as compensation and in default to undergo three months simple

imprisonment.

4.Aggrieved by the above judgment passed by the trial Court in C.C.No.1639 of

2019, dated 04.08.2023, the petitioner filed an appeal in Crl.A.No.474 of 2023. The

petitioner also filed an application seeking for suspension of sentence in Crl.M.P.No.1

of 2023.

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

5.The Court below dismissed the application on the ground that the petitioner

was not present before the Trial Court at the time of pronouncing the judgment and

hence, a non-bailable warrant was issued against him on 04.08.2023. In view of the

same, the Court below refused to entertain the application seeking for suspension of

sentence. Aggrieved by the same, the present petition has been filed before this Court.

6. Considering the facts and circumstances of the case,this Court is inclined

to dispose of this Criminal Original petition in the following terms :-

(a) the petitioner is directed to surrender before the learned VI Additional City

Civil Court, Chennai, on or before 26.09.2023;

(b) the petitioner, at the time of surrender, shall also move an application

seeking for bail before the learned VI Additional City Civil Court,

Chennai;

(c) the petitioner is directed to deposit 20% of the compensation amount fixed

by the trial Court within 60 days from the date of surrender. The appellate

Court shall grant an interim bail to the petitioner by imposing necessary

conditions for 60 days;

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(d) if the petitioner complies with the direction issued by this Court, the

appellate Court shall make the order of bail absolute by imposing

necessary conditions; and

(e) if the petitioner fails to comply with the direction issued by this Court by

not depositing the amount, the appellate Court shall cancel the interim bail

and shall remand the petitioner to undergo the sentence imposed by the

trial Court.

6. This Criminal Original Petition is disposed of in the above terms.

19.09.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order Neutral Citation : Yes/No ssr

1.The Principal District and Sessions Judge, City Civil Court, Chennai.

2.The Learned VI Additional Sessions Judge, City Civil Court, Chennai.