G.R.Baboo vs Saju Chacko
2024 Latest Caselaw 66 Mad

Madras High Court

G.R.Baboo vs Saju Chacko 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.28769 of 2023

                  G.R.Baboo                                                               ... Petitioner

                                                             Vs.

                  Saju Chacko
                  Rep. by his Power of Attorney
                  P.Suganya                                                             ...Respondent

                  PRAYER : Criminal Original Petition filed under Section 482 of the Code of
                  Criminal Procedure, to set aside the order dated 11.09.2023 by the Principal
                  Session Judge, Chennai in Crl.MP.No.1 of 2023 in C.A.No.536 of 2023.


                                    For Petitioners             : Mr.P.Mahenderchand
                                    For Respondent              : Mr.A.Damodaran
                                                                  Additional Public Prosecutor


                                                          ORDER

This criminal original petition has been filed challenging the order passed

by the Court below in Crl.MP.No.1 of 2023 in C.A.No.536 of 2023 dated

https://www.mhc.tn.gov.in/judis 11.09.2023, dismissing the application filed by the petitioner seeking for

suspension of sentence.

2.Heard the learned counsel for the petitioner and carefully perused the

materials available on record.

3.The petitioner was convicted for offence under Section 138 of the

Negotiable Instruments Act and was sentenced to undergo one year simple

imprisonment and to pay the cheque amount as compensation and in default to

undergo three months simple imprisonment, by judgment passed by the learned

Metropolitan Magistrate, FTC-I, Egmore in C.C.No.2678 of 2017. Even while

passing this judgment, the sentence was suspended for a period of thirty days.

4.The petitioner aggrieved by the above judgment, filed Crl.A.No.536 of

2023 before the Court below. Along with the appeal, the petitioner also filed an

application for suspension of sentence pending disposal of the appeal. This

application was dismissed by the Court below by an order dated 11.09.2023 on

the ground that the suspension of sentence application was moved after the

https://www.mhc.tn.gov.in/judis expiry of thirty days time granted by the Trial Court while suspending the

sentence. Aggrieved by the same, the present criminal original petition has been

filed before this Court.

5.Taking into consideration the facts and circumstances of the case and

the ground that has been raised by the petitioner, this Court is inclined to

dispose of this criminal original petition with the following directions:

a)The petitioner is directed to surrender before the Principal Sessions

Judge, Chennai and file a bail application on or before 09.01.2024.

b)On such surrender, the Court below shall grant interim bail to the

petitioner for a period of sixty days by directing the petitioner to deposit 20% of

the compensation amount that was fixed by the Trial Court.

c)If the petitioner deposits the amount within the time frame fixed by the

Court below, the bail order shall be made absolute by imposing necessary

conditions, and

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

d)If the petitioner fails to deposit the amount within the time frame fixed

by the Court below, the interim bail shall be canceled and the petitioner shall be

secured and made to undergo the sentence imposed by the Trial Court.

02.01.2024 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr

To

1.The Principal Session Judge, Chennai

2.The Public Prosecutor, High Court, Madras.

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