L.Darwin @ Sahaya Darvin vs P.Rajesh
2024 Latest Caselaw 19238 Mad

Madras High Court

L.Darwin @ Sahaya Darvin vs P.Rajesh on 3 October, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                                  Crl.O.P.No.24395 of 2024

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 03.10.2024

                                                            CORAM

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                   Crl.O.P.No.24395 of 2024

                     L.Darwin @ Sahaya Darvin                                            ... Petitioner
                                                               Vs.

                     P.Rajesh                                                          ... Respondent

                     Prayer: Criminal Original Petition is filed under Section 528 BNSS,
                     2023, pleased to set aside the order dated 19.07.2024 passed by the
                     Principal Sessions Judge, Chennai in Crl.M.P.No.19638 of 2024 in
                     Crl.Appeal No.505 of 2024.

                                         For Petitioner      : Mr.S.Vijayakumar

                                                           ORDER

The petitioner herein failed to appear before the trial Court on the

date of Judgment. He was found guilty and sentenced to undergo 6

months Simple Imprisonment and to pay the cheque amount of Rs.8

lakhs as compensation. Warrant to secure the petitioner is also issued. In

the said circumstances, the petitioner has preferred appeal against the

judgment of conviction and the same was taken on file in C.A.No.505 of

2024. However, his application to suspend the sentence was dismissed on

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

the ground that the petitioner is absconding and he must surrender before

the trial Court and seek for suspension of sentence. The above said order

passed by the Principal Sessions Judge, dated 19.07.2024 is under

challenge.

2. The learned counsel appearing for the petitioner states that

on the date of judgment, the petitioner was unable to attend the Court,

since he being the fisherman, he was in sea in view of avocation. Though

the appeal was filed in time, he is unable to surrender himself to get

suspension of sentence.

3. Considering the fact that the cheque bounce case pending for

more than two years, on the date of Judgment, the petitioner failed to

attend the Court. To ensure his participation in the appeal, he shall

deposit 20% of the compensation amount before the trial Court on or

before 18.10.2024 and surrender. If any application for suspension of

sentence after complying the above condition is filed, the surrender

application is to be considered on the same day and appropriate order

shall be passed.

4. With the above observations, this Criminal Original Petition

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

is disposed of .

03.10.2024

Index : Yes/No Neutral Citation : Yes/No rpl

To

The Principal Sessions Judge, Chennai

Dr.G.JAYACHANDRAN,J.

rpl

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

03.10.2024

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