Madras High Court
Manickam vs M.Aravind Bagredcha on 21 September, 2023
Crl.O.P.No.21667 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.21667 of 2023
Manickam .. Petitioner
Versus
M.Aravind Bagredcha .. 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.473 of 2023, dated 17.08.2023 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.473
of 2023 on the file of the 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
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Crl.O.P.No.21667 of 2023
filed for suspension of sentence pending disposal of the Criminal Appeal in
Crl.A.No.473 of 2023.
2. The petitioner was convicted for an offence u/s.138 of the
Negotiable Instruments Act in C.C.No.1640 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.473 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
17.08.2023. 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
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Crl.O.P.No.21667 of 2023
below was not inclined to entertain the petition seeking 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 27.09.2023;
(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
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Crl.O.P.No.21667 of 2023
interim bail and shall remand the petitioner to undergo the sentence imposed
by the trial Court.
6. This Criminal Original Petition is disposed of with the above
direction.
21.09.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
Note : Issue order copy on 22.09.2023.
To
1. The Principal Sessions Judge,
Chennai.
2. The VI Additional City Civil Court,
Chennai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21667 of 2023
N.ANAND VENKATESH, J.
grs
Crl.O.P.No.21667 of 2023
21.09.2023
https://www.mhc.tn.gov.in/judis
