Madras High Court
B.Santhi vs S.Doshiba on 2 August, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.O.P.(MD) Nos.12459 and 12463 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.08.2024
CORAM
THE HON'BLE MR.JUSTICE B.PUGALENDHI
CRL.O.P (MD) Nos.12459 and 12463 of 2024
For CRL.O.P (MD) No. 12459 of 2024
B.Santhi ... Petitioner
Vs
1. S.Doshiba
2. The Inspector of Police,
Tamil University Police Station,
Thanjavur District.
Thanjavur. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to issue a direction to the second respondent to restrain from
executing the warrant and including from taking any coercive action against
the petitioner, pursuant to the order passed by the learned Judicial
Magistrate No.I, Kumbakonam in S.T.C.No.463 of 2022, dated 24.07.2024.
For Petitioner : E. Somasundaram,
For R2 : Mr.M.Sakthi Kumar
Government Advocate (Crl.Side)
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https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) Nos.12459 and 12463 of 2024
For CRL.O.P (MD) No. 12463 of 2024
B.Santhi ... Petitioner
Vs
1. M.Sankar
2. The Inspector of Police,
Tamil University Police Station,
Thanjavur District.
Thanjavur. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to the first and second respondent to restrain from executing the
warrant and including from taking any coercive action against the petitioner,
pursuant to the order passed by the learned Judicial Magistrate No.I,
Kumbakonam in S.T.C.No.216 of 2022, dated 24.07.2024.
For Petitioner : E. Somasundaram,
For R2 : Mr.M.Sakthi Kumar
Government Advocate (Crl.Side)
COMMON ORDER
These criminal original petitions have been filed seeking a direction
to the respondent police not to execute the warrant pursuant to the order
passed by the learned Judicial Magistrate No.I, Kumbakonam in S.T.C.Nos.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) Nos.12459 and 12463 of 2024
463 and 216 of 2022, dated 24.07.2024.
2.The learned Counsel appearing for the petitioner submits that the
petitioner is the accused in the proceedings initiated under Section 138 of
Negotiable Instruments Act. The petitioner has also suffered conviction on
24.07.2024. He also submits that the genuine steps have been taken to
prefer an appeal before the Sessions Court. However, he could not file the
same in view of the boycott before the Sessions Court. In the mean while,
the defacto complainant in order to coerce the petitioner, is attempting to
take a warrant as against the petitioner and arrest the petitioner. Therefore,
this petitioner has filed these applications seeking a direction not to make
any coercive steps as against the petitioner till the appeal time expires.
3.This Court has considered the submission made on behalf of the
petitioner and also ascertained from the petitioner whether she has appeared
before the concerned Judicial Magistrate on the date of conviction and
whether she has been granted with any suspension order.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) Nos.12459 and 12463 of 2024
4.It appears that the petitioner has not appeared before the learned
Judicial Magistrate No.I, Kumbakonam. In the event if the petitioner has
not appeared before the learned Judicial Magistrate No.I, Kumbakonam, on
the date, when it was posted for judgment, the petitioner is not entitled for
the relief sought for. The petitioner ought to have appeared before the
learned Judicial Magistrate No.I, Kumbakonam, on the date when it was
posted for judgment and ought to have filed an application for suspending
the sentence. The justification of the petitioner that there was some boycott
cannot be a ground for not appearing on the date of judgment.
5.Accordingly, these criminal original petitions are dismissed.
02.08.2024
NCC : Yes/No
Internet:Yes/No
Index:Yes/No
LR
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) Nos.12459 and 12463 of 2024
To
1.The Inspector of Police,
Tamil University Police Station,
Thanjavur District.
Thanjavur.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) Nos.12459 and 12463 of 2024
B.PUGALENDHI, J.
LR
CRL.O.P (MD) Nos.12459 and 12463 of 2024
02.08.2024
https://www.mhc.tn.gov.in/judis
