Madras High Court
Mohamed Yonus vs Origin Itfs Private Limited on 13 November, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
Crl.O.P.No.28277 of2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2024
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
Crl.O.P.No.28277 of 2024
&
Crl.M.P.Nos.15748 & 15751 of 2024
Mohamed Yonus ... Petitioner
Vs.
Origin ITFS Private Limited,
Rep. By its Vice President
V.Karthikeyan
No.2/1, Dr.VSI Estate,
Thiruvanmiyur,
Chennai 600 041. ... Respondent
PRAYER: Criminal Original Petition filed under Section 528 of BNSS,
to set aside and modify the condition imposed by the Additional District
and Sessions Judge, Chengalpattu in Crl.M.P.No.2511 of 2024 in
C.A.No.76 of 2024 dated 09.09.2024 directing the petitioner to deposit
Rs.6,00,000/- and to suspend the sentence of imprisonment without the
condition of depositing any amount till the disposal of the said appeal.
For Petitioner : M/s.Tamizh Law Firm
Page 1 of 5
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.28277 of2024
ORDER
This Criminal Original Petition has been filed as against the one
of the condition that was imposed by the learned Additional District and
Sessions Judge, Chengalpattu in Crl.M.P.No.2511 of 2024 in C.A.No.76
of 2024 dated 09.09.2024, directing the petitioner to deposit 20% of the
compensation amount while suspending the sentence imposed against the
petitioner under Section 138 of the Negotiable Instruments Act.
2. Heard the learned counsel appearing for the petitioner and
perused the materials available on record.
3. The learned counsel for the petitioner submitted that the
petitioner filed an appeal before the Additional District and Sessions
Judge, Chengalpattu against the judgment dated 19.07.2024 in C.C.No.37
of 2022 passed by the learned Judicial Magistrate (FTC), Alandur. While
granting suspension of sentence, the learned Sessions Judge passed the
conditional order, directing the petitioner to deposit 20% of the
compensation amount before the trial court. Being aggrieved over the
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.28277 of2024
abovesaid order, the petitioner has filed the above criminal original
petition.
4. In support of his contentions, he placed reliance on the
judgment of the Hon'ble Supreme Court reported in CDJ 2023 SC 841
[ Jamboo Bhandari Vs. M.P.State Industrial Development Corporation
Limited and Others] and order of this Court dated 22.01.2024 passed in
Crl.O.P.No.947 of 2024 [C.R.Balasubramaniam Vs. P.Eswaramoorthi].
5. Admittedly, the petitioner has participated in the trial
proceedings for the offence under Section 138 of the Negotiable
Instruments Act before the Judicial Magistrate (FTC), Alandur and after
considering all the materials, the trial court convicted the petitioner.
Aggrieved by the same, the petitioner preferred an appeal before the
learned Additional District and Sessions Judge, Chengalpattu in
Crl.A.No.76 of 2024. The learned Sessions Judge, while suspending
sentence, passed the conditional order. At the time of admitting the
appeal, the court can pass conditional order to direct the appellant to
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Crl.O.P.No.28277 of2024
deposit 20% of the amount. It is seen that the appellate court has
followed the statutory provisions. This Court does not find any reason to
interfere with the order passed by the learned Additional District and
Sessions Judge, Chengalpattu. The judgments referred by the learned
counsel for the petitioner are not applicable to the case on hand.
6. In view of the above, the Criminal Original Petition is
dismissed. Consequently, connected miscellaneous petitions are closed.
However, the time granted by the appellate court to the petitioner to
deposit the 20% of the compensation amount, is extended till 29.11.2024.
13.11.2024
mfa
Index:Yes/No
Speaking Order: Yes/No
Neutral Citation: Yes/No
Note:
Issue Order Copy on 14.11.2024
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.28277 of2024
P.VELMURUGAN, J.
mfa
&
Crl.M.P.Nos.15748 & 15751 of 2024
13.11.2024
https://www.mhc.tn.gov.in/judis
