Madras High Court
K.Radhakrishnan vs / on 24 October, 2024
Author: G.Jayachandran
Bench: G.Jayachandran
Crl.O.P.No.24759 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.24759 of 2024
K.Radhakrishnan ... Petitioner/Accused
/versus/
V.Raman. ... Respondent/Complainant
Prayer: Criminal Original Petition is filed under Section 528 BNSS/482 of
Cr.P.C., pleased to call for the records relating to the order passed in
Crl.M.P.No.1441 of 2024 dated 16.08.2024 by the Learned Principal District
Judge, Dharmapuri and set aside the same.
For Petitioner : Mr.O.Raman
ORDER
The petitioner herein is an accused in S.T.C.No.25 of 2019 filed
under Section 138 of N.I Act.
2. The trial Court found the petitioner guilty on 04.10.2024 and
sentenced him to undergo one year simple imprisonment and to pay the cheque
amount of Rs.5,00,000/- as compensation to the complainant, failing which to
undergo default sentence of simple imprisonment for six months.
https://www.mhc.tn.gov.in/judis
3. Challenging the conviction and sentence, the petitioner has
preferred appeal before the Principal Sessions Judge, Dharmapuri along with
application for suspension of sentence.
4. The Lower Appellate Court dismissed the application for
suspension of sentence stating that on the date of judgment, the petitioner was
not present and warrant issued to secure him and therefore, without
surrendering before the Court, sentence cannot be suspended.
5. Challenging the said order dated 16.08.2024, the accused has
filed the present petition to call for records and set aside the order of the Lower
Appellate Court, dismissing the application for suspension of sentence.
6. To show his bonafide, the Learned Counsel appearing for the
petitioner presented demand draft of Rs.1,00,000/- being 20% of the
compensation of the amount been drawn at Canara Bank, Nallanahalli District,
Dharmapuri in favour of the complainant/V.Raman on 23.10.2024 and the
petitioner is ready to deposit the same before the Trial Court and seek for
suspension of sentence before the Lower Appellate Court. The photocopy of
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the demand draft also been produced before this Court for perusal.
7. In view of the above fact, this Criminal Original Petition is
disposed of with the following directions:
(i) The petitioner shall deposit the demand draft for Rs.1,00,000/-
(Rupees One Lakh only) in the S.T.C account before the Judicial Magistrate,
Dharmapuri, within a period of seven day from the date of receipt of this order.
(ii) On such compliance, the petitioner shall move the Lower
Appellate Court for suspension of sentence. The Lower Appellate Court shall
entertain the application for suspension of sentence and pass appropriate order,
taking note of the deposit of 20% of the compensation amount.
24.10.2024
Index : Yes/No
Neutral Citation : Yes/No
bsm
Dr.G.JAYACHANDRAN, J.
bsm
https://www.mhc.tn.gov.in/judis
To
1. The Principal District Judge, Dharmapuri.
24.10.2024
https://www.mhc.tn.gov.in/judis
