Madras High Court
V.Magesh Kumar vs M.Dhandapani on 1 March, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Criminal Original Petition No.4897 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Criminal Original Petition No.4897 of 2024
V.Magesh Kumar
S/o.M.Viswanathan ... Petitioner
Vs.
M.Dhandapani
S/o.Munusamy ... Respondent
Prayer: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure praying to set aside the order dated 06.02.2024
made in Crl.M.P.No.375 of 2024 in C.A.No.7 of 2024 on the file of
Principal Sessions Judge, Vellore and suspend the sentence imposed in
judgment dated 13.12.2023 made in STC No.91 of 2019 on the file of
Judicial Magistrate (FTC), Vellore.
For Petitioner : Mr.C.S.Saravanan
*****
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Criminal Original Petition No.4897 of 2024
ORDER
This Criminal Original Petition has been filed challenging the
order passed by the Court below in Crl.M.P.No.375 of 2024 in C.A.No.7
of 2024, dated 06.02.2024, dismissing the application filed by the
petitioner seeking for suspension of sentence pending disposal of the
appeal.
2. The petitioner was convicted for offence u/s.138 of the
Negotiable Instruments Act by the learned Judicial Magistrate (Fast
Track Court), Vellore, through judgment dated 13.12.2023 and was
sentenced to undergo six months imprisonment and to pay compensation
of the cheque amount to the complainant as compensation within two
months, in default, to undergo two months simple imprisonment.
Aggrieved by the same, the petitioner filed an appeal in C.A.No.7 of
2024 on the file of Principal Sessions Judge, Vellore. The petitioner also
filed an application seeking for suspension of sentence. The Court below
had dismissed the application mainly on the ground that non-bailable
warrant has been issued by the trial Court and hence, either the accused
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Criminal Original Petition No.4897 of 2024
has to surrender or avail orders from the higher forum. Aggrieved by the
same, the present petition has been filed before this Court.
3. This Court carefully considered the submissions made by
learned counsel for petitioner and the materials available on record.
Taking into consideration the facts and circumstances of the case,
this Court disposes of the present petition in the following terms:
(a) the petitioner is directed to surrender before the Principal Sessions
Judge, Vellore, on or before 07.03.2024 and file a bail application
before the concerned Court;
(b) the petitioner shall deposit 20% of the compensation amount fixed by
the trial Court within a period of 60 days, to the credit of STC No.91
of 2019;
(c) the Principal Sessions Judge, Vellore, shall grant interim bail to the
petitioner for a period of 60 days;
(d) if the petitioner deposits the compensation amount within the period
of 60 days fixed by this Court, the bail order shall be made absolute
by imposing necessary conditions; and
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Criminal Original Petition No.4897 of 2024
N.ANAND VENKATESH, J
(e) if the petitioner fails to deposit the compensation amount as directed
by this Court, interim bail order shall stand cancelled and the Court
below shall make the petitioner to undergo the sentence imposed by
the trial Court.
01.03.2024
Note: Issue order copy by 04.03.2024
Speaking Order/Non-speaking Order
Index :Yes/No
Neutral citation: Yes/No
gm
To
1. The Principal Sessions Judge
Vellore.
2.The Judicial Magistrate (FTC),
Vellore.
Criminal Original Petition No.4897 of 2024
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