S.Santhana Mariappan vs R.Karthik
2024 Latest Caselaw 17462 Mad

Madras High Court

S.Santhana Mariappan vs R.Karthik on 3 September, 2024

                                                                             Crl.O.P.(MD)No.14616 of 2024

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 03.09.2024

                                                           CORAM

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                                Crl.O.P.(MD)No.14616 of 2024

                     S.Santhana Mariappan                                         ... Petitioner


                                                              Vs.


                     R.Karthik                                                    ... Respondent

                     PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
                     to direct the learned II Additional District and Sessions Judge,
                     Thoothukudi to unnumbered the SR.489 of 2023 in C.A.No.149 of 2023
                     and dispose of the same on merits within the time frame as fixed by this
                     Court.

                                         For Petitioner       : Mr.M.P.Vasandharam

                                                           ORDER

The Criminal Original Petition has been filed seeking direction to

the learned II Additional District and Sessions Judge, Thoothukudi to

number the petition, which came to be filed under Section 389(1) Cr.P.C.

for suspension of sentence.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14616 of 2024

2. It is not in dispute that the petitioner was convicted for the

offence under Section 138 of the Negotiable Instruments Act in C.C.No.7

of 2012 on 08.07.2022 on the file of the Fast Track Court (Magisterial

Level), Kovilpatti and the petitioner has preferred an appeal challenging

the conviction judgment in C.A.No.149 of 2023.

3. It is also not in dispute that the petitioner has filed a petition in

Crl.M.P.No.4913 of 2023 to suspend the sentence of imprisonment and

the learned Additional Sessions Judge has passed an order suspending

the sentence and directed the petitioner to deposit 20% of the cheque

amount before the trial Court.

4. The learned counsel appearing for the petitioner would submit

that since the petitioner has not complied with the conditional order

passed by the Court, he has filed the present second petition under

Section 389(1) Cr.P.C. to suspend the sentence.

5. It is evident from the records that the learned Additional

Sessions Judge has returned the petition as to how the second petition is

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14616 of 2024

maintainable when the earlier order was not complied with. Admittedly,

the petitioner has not complied with the order passed in Crl.M.P.No.4913

of 2023.

6. Considering the above, the impugned order returning the

petition cannot be found fault with. Hence, this Court is not inclined to

interfere with the return made by the learned Additional Sessions Judge.

Accordingly, this Criminal Original Petition stands dismissed. The

petitioner is at liberty to file an extension petition for depositing the

amount as directed by the Court and if such petition is filed, the learned

II Additional District and Sessions Judge, Thoothukudi is directed to

consider the same in accordance with law.

                                                                               03.09.2024
                     NCC      : Yes / No
                     Index    : Yes / No
                     Internet : Yes / No
                     csm

                     To

1.The II Additional District and Sessions Judge, Thoothukudi.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14616 of 2024

K.MURALI SHANKAR,J.

csm

Order made in Crl.O.P.(MD)No.14616 of 2024

Dated: 03.09.2024

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