Sudhakaran vs Sangeeth Kumar
2024 Latest Caselaw 5090 Mad

Madras High Court

Sudhakaran vs Sangeeth Kumar on 4 March, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                      Criminal Original Petition No.5088 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 04.03.2024

                                                          CORAM

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                        Criminal Original Petition No.5088 of 2024


                     Sudhakaran                                                 ... Petitioner

                                                               Vs.

                     Sangeeth Kumar                                             ... Respondent



                     Prayer: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure praying to call for records relating to the order
                     dated 16.02.2024 made in Crl.M.P.No.5075 of 2024 in Crl.A.No.127 of
                     2024 by the Court of Principal Sessions Judge, Chennai and set aside the
                     same.


                                             For Petitioner      : Mr.S.Senthilvel

                                                              *****

                                                         ORDER

This Criminal Original Petition has been filed challenging the

order passed by the Court below in Crl.M.P.No.5075 of 2024 in

Crl.A.No.127 of 2024, dated 16.02.2024 dismissing the application filed https://www.mhc.tn.gov.in/judis

Criminal Original Petition No.5088 of 2024

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 Metropolitan Magistrate, FTC

II, Egmore, Allikulam, Chennai, through judgment dated 06.02.2024 and

was sentenced to undergo six months simple imprisonment and to pay the

cheque amount of Rs.5,00,000/- to the complainant as compensation

within 30 days, in default, to undergo two months simple imprisonment.

On the date of judgment, the petitioner was absent and hence, non-

bailable warrant was issued against him. Aggrieved by the same, the

petitioner filed an appeal in C.A.No.127 of 2024 on the file of Principal

Sessions Judge, Chennai. The petitioner also filed an application seeking

for suspension of sentence. The Court below had dismissed the

application mainly on the ground that the petitioner has not surrendered

before the Court and once conviction warrant has been issued, the

sentence cannot be suspended by the trial Court as well as the appellate

Court. Aggrieved by the same, the present petition has been filed before

this Court.

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

Criminal Original Petition No.5088 of 2024

3. This Court carefully considered the submissions made by

learned counsel for petitioner and the materials available on record.

4. Learned counsel for petitioner submits that the case has been

made over to I Additional Sessions Court, Chennai.

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 I Additional Sessions

Court, Chennai, on or before 08.03.2024 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

S.T.C.No.10409 of 2022;

(c) the I Additional Sessions Court, Chennai, 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

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

Criminal Original Petition No.5088 of 2024

N.ANAND VENKATESH, J

gm

(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.

04.03.2024 Note: Issue order copy by 05.03.2024

Speaking Order/Non-speaking Order Index :Yes/No Neutral citation: Yes/No gm

To

1.The Principal Sessions Judge Chennai.

2.The I Additional Sessions Court, Chennai.

Criminal Original Petition No.5088 of 2024

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