D.Sivaram Kumar vs Althap Hamed
2024 Latest Caselaw 15058 Mad

Madras High Court

D.Sivaram Kumar vs Althap Hamed on 2 August, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                            Crl.OP.No.18618 of 2024


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 02.08.2024

                                                        CORAM

                             THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                 Crl.OP.No.18618 of 2024


                     D.Sivaram Kumar                                           ... Petitioner

                                                           Vs.
                     Althap Hamed,
                     Proprietor, M/s.Media Times,
                     No.7, Pasumarthy Street,
                     Rangarajapuram,Kodambakkam,
                     Chennai-600 024.                                          ... Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C,
                     to extend the time for petitioner granted in order dated 03.04.2024 made
                     in Crl.MP.No.10389 of 2024 in Crl.A.No.254 of 2024 on the file of the
                     Hon'ble Principal District Sessions Judge, Chennai and to comply the
                     same.
                                       For Petitioner    : Mr.NA.Malai Saravanan

                                       For Respondent    : Mr.S.Udaya Kumar
                                                          Government Advocate (Crl. Side)

                                                        ORDER

The petitioner herein is a convict in STC.No.4338 of 2022,

judgment dated 11.03.2024. When he sought for suspension of sentence https://www.mhc.tn.gov.in/judis

pending appeal before the lower Appellate Court, the same was ordered

on 03.04.2024 on condition to deposit 20% of the cheque amount i.e,

Rs.4,50,000/- within a period of 60 days from the date of order. The

petitioner on 10.06.2024, presented the demand draft for Rs.4,50,000/-

before the trial Court in compliance of the conditional order imposed by

the lower Appellate Court. The trial Judge has returned the condonation

application. Hence, the petitioner is before this Court.

2. The learned Counsel appearing for the petitioner submits that

due to code of conduct imposed during the election period, the petitioner

is unable to mobilize the money and therefore, there was a delay of eight

days in drawing demand draft for Rs.4,50,000/-. Explaining the delay,

the demand draft was presented before the trial Court. However, the

same was not considered. He further submits that the petitioner is ready

to deposit the demand draft dated 10.06.2024 for Rs.4,50,000/- and seeks

necessary order permitting him to deposit the demand draft in

compliance with the order passed by the lower Appellate Court in

Crl.MP.No.10389 of 2024 in Crl.Appeal No.254 of 2024.

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

3. This Court on perusing the petition find that the delay of 8 days

in complying the condition appears to be genuine and not wilful.

Therefore, it is necessary to condone the delay to enable the petitioner

herein to enjoy the order of suspension of sentence. Therefore, this

Criminal Original Petition is allowed and the trial Court is directed to

receive the demand draft vide No.761644 drawn on 10.06.2024 and

record the compliance of the suspension of sentence imposed by the

lower Appellate Court.

4. With the above direction, this Criminal Original Petition is

disposed of.

02.08.2024

Vv

To

The Principal District Sessions Judge, Chennai.

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

Dr.G.JAYACHANDRAN,J.

Vv

02.08.2024

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