Madras High Court
M.Saravanan vs P.Mangudi on 8 May, 2024
Crl.O.P.No.11254 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2024
CORAM:
THE HONOURABLE Mr. JUSTICE K.KUMARESH BABU
Crl.O.P.No.11254 of 2024
M.Saravanan ... Petitioner
Vs.
P.Mangudi ...Respondent
Prayer: Criminal Original Petition filed 482 of the Criminal Procedure Code,
1973, to set aside the order dated 30.04.2024 passed in Crl.M.P.No.13254 of
2024 in C.A.No.351 of 2024 on the file of the learned Principal Sessions
Judge, Chennai.
For Petitioner : Mr.D.Prabhu
ORDER
This Criminal Original Petition has been filed challenging the
order passed by the Court below in Crl.M.P.No.13254 of 2024 in C.A.No.351
https://www.mhc.tn.gov.in/judis
of 2024 dated 30.04.2024 dismissing the application filed by the petitioner
seeking for suspension of sentence pending disposal of the appeal.
2. The petitioner was convicted for offence under Section 138 of
the Negotiable Instruments Act by the learned Metropolitan Magistrate,
FTC-III, Saidapet, Chennai, through the judgment dated 19.03.2024 and he
was sentenced undergo three months simple imprisonment and to pay the
cheque amount as compensation to the complainant, in default, to undergo
simple imprisonment of one month. Aggrieved by the same, the petitioner
filed an appeal in C.A.No.351 of 2024 on the file of the Principal Sessions
Judge, Chennai.
3. Even though the petitioner had been granted time on
18.04.2024 to file an appeal seeking suspension of sentence passed by the
trial Court, the petitioner filed appeal on 18.04.2024 along with suspension of
sentence and the same had been returned for compliance of certain defects.
Subsequently, the appeal has been represented only on 26.04.2024. Since
warrant is pending against the accused, the accused has to surrender before
https://www.mhc.tn.gov.in/judis
the Court and file a petition for suspension of sentence and then only it will
be considered by the Court. Therefore, the appellate Court dismissed the
suspension of sentence application. Aggrieved by the same, the present
petition has been filed before this Court.
4. The learned counsel for the petitioner has relied upon the
order of this Court in Crl.O.P.No.7744 of 2024 dated 28.03.2024. A perusal
of the said order, it is seen that the this Court had set aside the impugned
order, wherein the lower Court had issued conviction of warrant. The above
referred case squarely applies to the present case.
5. In view of the above, I am inclined to set aside the impugned
order. 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, Chennai, on or before 20.06.2024 and file a bail application
before the concerned Court.
https://www.mhc.tn.gov.in/judis
(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.3038 of 2022:
(c ) the Principal Sessions Judge, 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
(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.
08.05.2024
Index : Yes / No
Internet : Yes / No
dna
https://www.mhc.tn.gov.in/judis
To
1.The Principal Sessions Judge, Chennai.
2.The Metropolitan Magistrate, FTC-III, Saidapet, Chennai.
https://www.mhc.tn.gov.in/judis
K.KUMARESH BABU, J.
dna
08.05.2024
https://www.mhc.tn.gov.in/judis
