Madras High Court

S.Sekar vs M/S.P.C.Choudhary & Sons on 8 May, 2024

                                                                              Crl.O.P.No.11301 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.11301 of 2024


                  S.Sekar                                                          ... Petitioner

                                                       Vs.

                  M/s.P.C.Choudhary & Sons
                  Rep.by its Kartha
                  Mr.Padam Chand Choudary
                  Rep.by his Power Agent
                  Mr.S.Nilesh Kadel
                  No.11/12, Kandappa Mudali Street
                  Sowcarpet
                  Chennai 600 001.                                                 ...Respondent


                  Prayer: Criminal Original Petition filed 482 of the Criminal Procedure Code,
                  1973, to call for the records pertaining to orders in Crl.M.P.No.5741 of 2024
                  in C.A.No.142 of 2024 dated 23.02.2024 on the file of the Principal Sessions
                  judge, Chennai and set aside the same in so far as it directs the petitioner to
                  deposit the 20% of the compensation imposed in STC.No.210 of 2022 dated
                  30.01.2024 on the file of Metropolitan Magistrate/Fast Track Court-I, Egmore
                  @ Allikulam, Chennai 600 003.

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https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.No.11301 of 2024




                                        For Petitioner     : Mr.S.Kamadevan



                                                         ORDER

This Criminal Original Petition has been filed challenging the

order passed by the Court below in Crl.M.P.No.5741 of 2024 in C.A.No.142

of 2024 dated 23.02.2024.

2. The petitioner was convicted for offence under Section 138 of

the Negotiable Instruments Act by the learned Metropolitan Magistrate,

FTC- I, Egmore @ Allikulam, Chennai-03, through the judgment dated

30.01.2024 and sentenced to undergo one year simple imprisonment and to

pay double the cheque amount as fine within one month, in default, to

undergo three months simple imprisonment. Aggrieved by the same, the

petitioner filed an appeal in C.A.No.142 of 2024 on the file of the Principal

Sessions Judge, Chennai, along with the application seeking for suspension

of sentence. The Lower Appellate Court ordered the application on condition

that the petitioner shall deposit 20% of the compensation amount to the credit

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

of S.T.C. Aggrieved by the same, the present petition has been filed before

this Court.

3. Taking into consideration of the facts and circumstances of the

case, this Court disposes of the present petition with the following

modification:

the petitioner shall deposit 10% of the

compensation amount fixed by the trial Court within a period of

60 days, to the credit of STC.No.210 of 2022 on or before

05.06.2024: