Madras High Court
G.Bharani Dharan vs O.S.Jeevananthan on 8 May, 2024
Crl.O.P.No.11258 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.11258 of 2024
G.Bharani Dharan ... Petitioner
Vs.
O.S.Jeevananthan ...Respondent
Prayer: Criminal Original Petition filed 482 of the Criminal Procedure Code,
1973, to call for the records pertaining to the order dated 26.03.2024 in
Crl.M.P.No.924 of 2024 in C.A.No.15 of 2024 passed by the learned
Principal Sessions Judge, Vellore and set aside the same by allowing the
above Criminal Original Petition for the purpose of a fair trial, equity and
natural justice.
For Petitioner : Mr.S.Sasikumar
1/6
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Crl.O.P.No.11258 of 2024
ORDER
This Criminal Original Petition has been filed challenging the
order passed by the Court below in Crl.M.P.No.924 of 2024 in C.A.No.15 of
2024 dated 26.03.2024 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 Additional District Munsif-
cum-Judicial Magistrate, Ambur, through the judgment dated 16.02.2024 and
he was sentenced to undergo simple imprisonment for a period of one year
and to pay a sum of Rs.9,97,500/- as compensation to the complainant within
one month u/s 357(3) of Cr.P.C., in default, to undergo simple imprisonment
for further period of two months. As against the above said judgment, the
petitioner/appellant has preferred Criminal Appeal in C.A.No.No.15 of 2024
on the file of the Principal Sessions Judge, Vellore, along with the petition for
suspension of sentence. The accused has not appeared before the trial Court
on 18.03.2024 and therefore, NBW was issued against him. Since NBW is
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pending against the petitioner, the Lower Appellate Court dismissed the
application. Aggrieved by the same, the present petition has been filed before
this Court.
3. 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.
4. In view of the above, I am also inclined to set aside the
impugned order. Taking into consideration of 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 20.06.2024 and file a bail application
before the concerned Court.
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(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.32 of 2022:
(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
(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
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To
1.The Principal Sessions Judge, Vellore.
2.The Additional District Munsif-cum-Judicial Magistrate, Ambur.
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K.KUMARESH BABU, J.
dna
08.05.2024
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