K. Sakthi Murugan vs M.P. Prasanth Kumar
2024 Latest Caselaw 20418 Mad

Madras High Court

K. Sakthi Murugan vs M.P. Prasanth Kumar on 28 October, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                          Crl.O.P.Nos.26820 & 26823 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 28.10.2024

                                                            CORAM

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                              Crl.O.P.Nos.26820 & 26823 of 2024

                     K. Sakthi Murugan,
                     Proprietor Shy Luxury India Services INC              ... Petitioner in both cases

                                                               Vs.
                     M.P. Prasanth Kumar,
                     Proprietor,
                     M/s. Nugan Aircon Engineering’s                     ... Respondent in both cases

                     Common Prayer: Criminal Original Petition is filed under Section 528
                     BNSS, pleased to set aside the Order passed by the Learned Principal
                     Session Judge at Chennai in Crl. M.P.Nos.26978 & 26976 of 2024 in
                     C.A.Nos 714 & 713 of 2024 dated: 24.09.2024 and enlarge the Petitioner
                     on bail

                                         For Petitioner in both cases     : Mr.A.Rajaraman

                                                      COMMON ORDER

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

the date of judgment, was found guilty for offence under Section 138 of

N.I.Act and warrant issued. In the said circumstances, he has preferred

the appeal before the Principal Sessions Court and sought for suspension

of sentence. The lower appellate Court dismissed his application for https://www.mhc.tn.gov.in/judis

Crl.O.P.Nos.26820 & 26823 of 2024

suspension of sentence stating that without surrender and recall of the

conviction warrant, application for suspension of sentence cannot be

entertained and pointed out that the remedy available to the petitioner is

to surrender and seek for bail.

2. Challenging the said order, the petitioner is before this Court

to set aside the order of the Principal Sessions Judge, Chennai and to

grant suspension of sentence pending disposal of the appeal.

3. This Court finds that an absconding convict cannot seek for

suspension of sentence, when the conviction warrant is pending against

him. As pointed out by the lower appellate Court, he may surrender and

seek redressal available under law. Hence this Criminal Original Petitions

are dismissed.

28.10.2024

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

To

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

Crl.O.P.Nos.26820 & 26823 of 2024

The Principal Session Judge, Chennai.

Dr.G.JAYACHANDRAN,J.

rpl

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

Crl.O.P.Nos.26820 & 26823 of 2024

Crl.O.P.Nos.26820 & 26823 of 2024

28.10.2024

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