Madras High Court
Sri Saraswathi Roadways vs M/S.Toll (India) Logistics Private ... on 1 February, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P No.1766 of 2024
Sri Saraswathi Roadways,
Rep. by its Proprietor Mr.Raviendra Singh
Venkateshwara Rice Mill Compound,
Old Madras Road, Virgo Nagar Post,
Opp. New Commercial Tax Check Post,
Bangalore 560 049.
Karnataka ...Petitioner
Vs.
M/s.Toll (India) Logistics Private Limited,
Rpresented by its Authorized signatory
Mr.P.G.Gunaseelan
9-A, Puzhal Ambattur Road,
1st Street, Puzhal,
Chennai 600 066. ...Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to set aside the order dated 22.12.2023 passed in
Crl.M.P.No.33045 of 2023 in Crl.A.No.807 of 2023 before the Principal
Sessions Court at Chennai.
For Petitioner : Mr.M.L.Joseph for
M/s.Chennai Law Associates
https://www.mhc.tn.gov.in/judis
ORDER
This criminal original petition has been filed challenging the order passed
by the Court below in Crl.M.P.No.33045 of 2023, dated 22.12.2023, dismissing
the application filed by the petitioners seeking for suspension of sentence
pending the appeal in Crl.A.No.807 of 2023.
2.This Court has carefully considered the submissions made by the
learned counsel for the petitioner and the materials available on record.
3.The petitioner was convicted for offence under Section 138 of the
Negotiable Instruments Act by the learned Metropolitan Magistrate, Fast Track-
II, Egmore by judgment dated 22.11.2023. The petitioner was sentenced to
undergo six months simple imprisonment and to pay a sum of Rs.3,50,000/-
(Rupees Three Lakhs Fifty Thousand only) as compensation and in default to
undergo two months simple imprisonment. The Trial Court suspended the
sentence till 21.12.2023.
4.The petitioner aggrieved by the judgment passed by the Trial Court
filed an appeal before the Court below in Crl.A.No.807 of 2023. Along with this
appeal, the petitioner also filed an application for suspension of sentence. The
https://www.mhc.tn.gov.in/judis
Court below declined to entertain this application on the ground that the period
for which the sentence was suspended by the Trial Court had expired.
Therefore, the Court below refused to entertain the application for suspension of
sentence. Aggrieved by this order, the present criminal original petition has
been filed before this Court.
5.Taking into consideration the facts and circumstances of the case, this
criminal original petition is disposed of with the following directions:
(a)The petitioner is directed to surrender before the VIth Additional
City Civil Court, Chennai on or before 08.02.2024 and file a bail application.
(b)The VIth Additional City Civil Court shall grant interim bail to
the petitioner subject to the condition that the petitioner deposits 20% of the
compensation amount within a period of 60 days thereafter.
(c)If the petitioner deposits the compensation amount within the
time frame fixed by the Court below, the bail order shall be made absolute by
imposing necessary conditions, and
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N.ANAND VENKATESH, J
ssr
(d)If the petitioner fails to deposit the compensation amount within the
time frame fixed, the Court below shall cancel the interim bail and secure the
petitioner to undergo the sentence.
01.02.2024
Index: Yes/No
Speaking order/Non-speaking Order
Neutral Citation: Yes/No
ssr
Note:Issue Order Copy on 02.02.2024
To
1.The Principal Sessions Judge, City Civil Court.
2.The VIth Additional City Civil Court, Chennai.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
