E.Balaji vs M.Aravind Bagrecha
2023 Latest Caselaw 12847 Mad

                                                                                   Crl.O.P.No.21521 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 20.09.2023

                                                               CORAM

                                   THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                   Crl.O.P.No.21521 of 2023
                     E.Balaji
                     S/o.Ethiraj                                                   ... Petitioner
                                                                Vs.
                     M.Aravind Bagrecha
                     S/o.B.Madanlal Bagrecha                           ... Respondent
                           Criminal Original Petition under Section 482 of the Criminal
                     Procedure Code praying to set aside the order passed in Crl.M.P.No.1 of
                     2023 in Crl.A.No.478 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.478 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.478 of 2023.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21521 of 2023

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

Negotiable Instruments Act in C.C.No.3204 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.478 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 for suspension of

sentence.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21521 of 2023

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

(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.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21521 of 2023

N.ANAND VENKATESH, J

gm

This Criminal Original Petition is disposed of with the above

direction.

20.09.2023

Note to office: Issue order copy by 22.09.2023

Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No rjr/gm

To

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

2.The VI Additional City Civil Court, Chennai.

Crl.O.P.No.21521 of 2023

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