Madras High Court
M/S Indian Power Projects Limited vs / on 8 August, 2024
Author: G.Jayachandran
Bench: G. Jayachandran
2024:MHC:3075
Crl.O.P.No.18989 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:08.08.2024
Coram:
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN
Crl.O.P.No.18989 of 2024
and
Crl.M.P.No.11221 of 2024
1.M/s Indian Power Projects Limited,
Rep.by its Director Shri T.Mohan,
Suite-D, first Floor, Sun Plaza Complex,
No.19, GN Chetty Road,
Chennai 600 017.
2.Shri T.Mohan
3.Shri.M.Anand .. Petitioners
/versus/
Shri.V.Gajarajan .. Respondent
Criminal Original Petition has been filed under Section 528 of
BNSS 2023, to set aside and modify the condition imposed in the order
dated 30.07.2024 in Crl.M.P.No.20735 of 2024 in Crl.M.P.No.14639 of
2024 in C.A.No.404 of 2024 on the file of the Principal Sessions Judge
Court at Chennai-104.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.18989 of 2024
For Petitioners :Mr.P.Selvaraj
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ORDER
This petition is filed to modify the order passed by the
Principal Sessions Judge in Crl.M.P.No.14639 of 2024 for suspension of
sentence with condition.
2. The short fact involved in this matter is that S.T.C.No.2032
of 2021 was instituted before the Metropolitan Magistrate, FTC-II,
Egmore, Chennai in respect of dishonour of cheques for totally a sum of
Rs.45,00,00,000/-. After examination of the witnesses, the trial Court
found the accused guilty, convicted and sentenced to undergo 6 months
SI and to pay compensation of Rs.45 crores being the cheques amount.
Against the order of conviction and sentence dated 23.05.2024, the
petitioner/accused has preferred an appeal before the Principal Sessions
Judge at Chennai in Crl.A.No.404 of 2024.
https://www.mhc.tn.gov.in/judis
3. On considering the grounds of appeal and suspension of
sentence petition, the lower appellate Court vide order dated 29.05.2024
in Crl.M.P.No.14639 of 2024 suspended the sentence on condition to
deposit 20% of the compensation amount before the trial Court within a
period of 60 days from the date of that order. The petitioner herein was
not able to deposit the conditional amount. Hence, he sought for
extension of time in Crl.M.P.No.20735 of 2024. Considering the request,
the lower appellate Court has extended the time by one week for deposit
of the conditional amount.
4. The present petition is filed under Section 528 of BNSS
2023 before this Court on the ground that while imposing condition to
deposit the amount, the lower appellate Court has failed to consider the
judgment of the Hon'ble Supreme Court in Jamboo Bhandari v.
M.P.State Industrial Development Corporation Ltd., and others in
Crl.A.No(s).2741 of 2023 dated 04.09.2023.
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5. This Court at the outset, is of the view that having sought for
extension of time to pay the compensation amount, the petitioner has lost
his right to question the condition to deposit 20% of the cheques amount
which has been passed inconsonance with the Section 141 of NI Act. The
Judgment of the Hon'ble Supreme Court cited supra by the petitioner is
in respect of passing an order mechanically to deposit 20% of
compensation amount, while entertaining the petition for suspension of
sentence. The Hon'ble Supreme Court had made it clear that it is not a
mandatory provision that 20% of the compensation amount must be
imposed as condition, while suspending the sentence. It is always left to
the discretion of the lower appellate Court, based on the merits of the
case, to reduce the quantum of conditional amount from 20% or even
totally exempted.
6. The case in hand, this Court finds that the dispute been
agitated in the Court of law since 2021 and trial has completed on
23.05.2024. Since there is no reason to reduce the compensation amount
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below 20%, the lower appellate Court has directed the accused to pay
20% of the compensation amount within 60 days and further extended
the time by one week on the petition of the accused.
7. This Court finds no reason to interfere with the order passed
by the lower appellate Court to make any further modification. Hence,
this Criminal Original Petition is dismissed. Consequently, connected
Miscellaneous Petition is also closed.
08.08.2024
Index:yes/no
Neutral Citation:yes/no
ari
To
The Principal Sessions Judge Court at Chennai-104.
https://www.mhc.tn.gov.in/judis
DR.G.JAYACHANDRAN,J.
ari
and
08.08.2024
https://www.mhc.tn.gov.in/judis
