Madras High Court
M/S.Jeans Brand Factory vs M/S.Cool Navy on 13 November, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
Crl.O.P.No.26413 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2024
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.O.P.No.26413 of 2024 and
Crl.M.P.No.14671 of 2024
1.M/s.Jeans Brand Factory
Rep. by its Authorized Signatory
S.Shanmugam
No.41, Chinna Subbaraya Pillai Street, Pondicherry-1
2. S.Shanmugam ... petitioners
Vs.
M/s.Cool Navy
Rep. by its Prop.
Ramalingam Mohana
W/o.Ramalingam
Rep. by Power Agent Ramalingam
th
No.3/A, Gresh Garden 5 Lane
Royapuram, Chennai - 600 013. ... Respondent
Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to set
aside the condition imposed in Para 7 of the impugned order of the Principal
1/6
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Crl.O.P.No.26413 of 2024
Sessions Court at Chennai dated 19.09.2024 in Crl.M.P.No.26230/2024 in
Crl.A.No.697/2024.
For petitioners : Mr.G.Mohana Krishnan
ORDER
This Criminal Original Petition has been filed by the petitioners to set
aside the condition imposed in Paragraph No.7 of the impugned order passed
by the Principal Sessions Court, Chennai dated 19.09.2024 in
Crl.M.P.No.26230 of 2024 in Crl.A.No.697 of 2024 in respect of deposit of
20% of the compensation amount to the credit of S.T.C.No.3828 of 2022.
2. The case of the petitioners is that the petitioners were convicted for
the offence under Section 138 of N.I. Act by the learned Metropolitan
Magistrate, FTC-IV, George Town, Chennai, in S.T.C.No.3828 of 2022 dated
21.08.2024. Aggrieved by the same, the petitioners preferred an appeal in
C.A.No.697 of 2024 before the Principal Sessions Court, Chennai, and he also
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filed an application in Crl.M.P.No.26230 of 2024 to suspend the sentence
pending disposal of the appeal. The learned Sessions Judge, by order dated
19.09.2024 suspended the sentence of imprisonment imposed upon the
petitioners on condition to execute a bond for a sum of Rs.10,000/- with two
sureties each for a like sum to the satisfaction of the Magistrate concerned and
also directed to deposit 20% of the compensation amount to the credit of the
S.T.C. number. The learned counsel for the petitioners submitted that, insofar
as the condition to deposit 20% of the compensation amount is concerned, the
petitioners are having difficulties in mobilizing the funds and thereby, the
present petition is filed to set aside the condition regarding deposit of 20% of
compensation amount to the credit of S.T.C. number.
3. The notice taken on the respondent has been returned unserved as
respondent left.
4. Heard the learned counsel for the petitioners and perused the
impugned order.
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5.In Paragraph No.5 of the impugned order, the learned Sessions Judge
has clearly stated the reasons for imposing such a condition which reads
follows;
5. As per Section 148 of N.I. Act (Amendment
Act), 2018, the Appellate Court may order the Appellant
to deposit such sum which shall be a minimum of Twenty
percent of the fine or Compensation awarded by the
Trial Court. In the above provision, it is clearly stated
that the amount shall be deposited within 60 days from
the date of judgment. As already stated supra, the
petitioners/appellant/accused was ordered to undergo
nine months S.I. and in these circumstances, it may not
be right to hold that the petitioners has to serve the
sentence during the pendency of the appeal.
6. The learned Sessions Judge has only followed the statutory provisions
and imposed such a condition. Hence, this Court is not inclined to interfere
with the order passed by the learned Sessions Judge by invoking Section 428
Cr.P.C./528 B.N.S.S.
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7. Accordingly, this Criminal Original Petition is dismissed.
Consequently, connected Miscellaneous Petition is closed.
8. However, the time period mentioned in the impugned order is
extended till 29.11.2024 and the petitioners are directed to comply with the
conditions imposed in Crl.M.P.No.26230 of 2024 in Crl.A.No.697 of 2024
dated 19.09.2024 by the learned Principal Sessions Judge, Chennai on or
before 29.11.2024 and no further time will be granted.
13.11.2024
Index : Yes / No
Speaking Order : Yes / No
Neutral Citation Case : Yes/No
ksa-2
Note: Issue Order Copy on 15.11.2024
To
The Principal Sessions Court
Chennai
https://www.mhc.tn.gov.in/judis
P.VELMURUGAN,J.
Ksa-2
13.11.2024
https://www.mhc.tn.gov.in/judis
