Madras High Court
M/S.Sri Guru Manoj Tex vs Vadivel Textiles on 2 January, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.Nos.28937 of 2023
M/s.Sri Guru Manoj Tex
Rep. by its Proprietor Madhesh
D.No.20/50A, Kalignar Nagar
2nd Street, Karungalpatty
Salem ... Petitioner
Vs.
Vadivel Textiles
Rep. by its Proprietor
D.No.1/48, Thatchankattu Palayam
Thokkavadi, Tiruchengode ...Respondent
PRAYER : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to issue direction to the II Additional Sessions Judge,
Tiruchengode to accept the surrender of the Petitioner and consider their
suspension of sentence Petitions on the same day itself in connection with
Crl.MP.No.1 of 2023 in C.A.No.118 of 2023 in STC No.132 of 2020 dated
15.11.2023 on the file of the II Additional Sessions Judge, Tiruchengode.
1/6
https://www.mhc.tn.gov.in/judis
For Petitioner : Mr.S.P.Venkates
For Respondent : Mr.A.Damodaran
Additional Public Prosecutor
ORDER
This criminal original petition has been filed for a direction to the learned II
Additional Sessions Judge, Tiruchengode to accept the surrender of the petitioner
and to suspend the sentence imposed against the petitioner, pending Crl.A.No.118
of 2023.
2.Heard the learned counsel for the petitioner and carefully perused the
materials available on record.
3.The petitioner faced trial before the learned Judicial Magistrate (FTC) at
Tiruchengode in STC No.132 of 2020 for the offence under Section 138 of the
Negotiable Instruments Act. The petitioner was convicted for offence under
Section 138 of the Negotiable Instruments Act and was sentenced to undergo two
months simple imprisonment and to pay a compensation of a sum of Rs.8,55,595/-
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under Section 357(3) of Cr.P.C., and in default to undergo one month simple
imprisonment.
4.Aggrieved by the above judgment, the petitioner filed an appeal before the
Sessions Court. The learned II Additional Sessions Judge, Tiruchengode by an
order dated 09.08.2023, suspended the sentence by imposing certain conditions.
One of the condition that was imposed by the Court below was that the petitioner
should deposit 20% of the compensation amount before the Trial Court within a
period of four weeks, failing which, the petition will stand automatically
dismissed.
5.The petitioner did not comply with the above condition and hence, by an
order dated 15.11.2023, the Court below recorded that the suspension of sentence
order stands automatically cancelled and further directed the Trial Court to secure
the petitioner and to remit him to the prison to undergo the sentence.
6.The learned counsel for the petitioner submitted that the petitioner faced
financial constrains and therefore, was not able to deposit the 20% of the
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compensation amount as directed by the Appellate Court. The learned Counsel
further submitted that if some time is granted to the petitioner, he will deposit the
amount as directed by the Appellate Court.
7.This Court is not convinced with the reasons that have been assigned by
the petitioner for not having complied with the order passed by the Court below. If
the petitioner was not in a position to deposit the amount, the petitioner ought to
have approached the Court and sought for extension of time and the same has not
been done by the petitioner. However, considering the facts and circumstances of
the case, this Court is inclined to grant one last opportunity to the petitioner to
deposit 20% of the compensation amount as directed by the learned II Additional
Sessions Judge, Tiruchengode.
8.In view of the above, there shall be a direction to the petitioner to deposit
20% of the compensation amount before the Trial Court on or before 12.01.2024.
Till then, the order passed by the Court below dated 15.11.2023, shall be kept in
abeyance. If the petitioner deposits the amount within the time frame fixed by this
Court, the order passed by the learned II Additional Sessions Judge, Tiruchengode,
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dated 09.08.2023 will stand revived. On the other hand, if the petitioner fails to
deposit the amount within the time frame fixed by this Court, the order passed by
the learned II Additional Sessions Judge, Tiruchengode dated 15.11.2023 will get
revived and thereafter, the Trial Court shall secure the petitioner and remit him to
the prison to undergo the sentence imposed by the Trial Court.
9.This criminal original petition is disposed of in the above terms.
02.01.2024
Index : Yes/No
Internet : Yes/No
Speaking/Non-Speaking Order
ssr
Note: Issue Order Copy on 03.01.2024
To
1.The II Additional Sessions Judge,
Tiruchengode.
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J
ssr
02.01.2024
https://www.mhc.tn.gov.in/judis
