M.Manivannan vs M.Aravind Bagrecha
2023 Latest Caselaw 12725 Mad

                                                                                   Crl.O.P.No.21508 of 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.21508 of 2023
                     M.Manivannan
                     S/o.Murugan                                                    ... Petitioner
                                                               Vs.

                     M.Aravind Bagrecha
                     S/o.B.Madanlal Bagrecha                                        ... Respondent

                     Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to set
                     aside the order passed in Crl.M.P.No.1 of 2023 in Crl.A.No.477 of 2023
                     dated 21.08.2023 by 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.477 of 2023 on the file of
                     learned VI Additional Sessions Judge, City Civil Court, Chennai.
                                        For Petitioner    : Mr.Durai.Kannan
                                                              *****
                                                          ORDER

This Criminal Original Petition has been filed challenging the order

passed by learned Principal Sessions Judge, Chennai, dismissing the

petition filed for suspension of sentence pending disposal of the criminal

appeal in Crl.A.No.477 of 2023.

2. The petitioner was convicted for an offence u/s.138 of the

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21508 of 2023

Negotiable Instruments Act in C.C.No.1638 of 2019 by learned

Metropolitan Magistrate, FTC-I, Egmore @ Allikulam, Chennai, by

judgment dated 04.08.2023 and was sentenced to undergo one year

simple imprisonment and to pay the cheque amount as compensation and

in default to undergo three months simple imprisonment. Aggrieved by

the same, the petitioner filed Crl.A.No.477 of 2023 before the Principal

Sessions Judge, Chennai. The petitioner also filed a petition in

Crl.M.P.No.1 of 2023 for suspension of sentence and the same was

dismissed by the Court below on 21.08.2023. Aggrieved by the same, the

present petition has been filed.

3. Heard Mr.Durai.Kannan, learned counsel for petitioner.

4. The Court below has dismissed the petition mainly on the

ground that the petitioner was not present before the trial Court at the

time of passing the judgment and hence, a non-bailable warrant was

issued against the petitioner and the same was pending. In view of the

same, the Court below was not inclined to entertain the petition seeking

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21508 of 2023

for suspension of sentence.

5. Taking into consideration the facts and circumstances of the

case, this Court is inclined to dispose of this petition in the following

terms:

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

City Civil Court, Chennai, on or before 29.09.2023;

(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;

(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

N.ANAND VENKATESH, J.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21508 of 2023

gm

(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.

This Criminal Original Petition is disposed of with the above

direction.

19.09.2023

Note to office: Issue order copy by 21.09.2023

Speaking Order/Non-speaking Order Index :Yes/No Neutral citation: Yes/No gm

To

1.The VI Additional City Civil Court, Chennai.

2.The Principal Sessions Judge, Chennai.

Crl.O.P.No.21508 of 2023

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