P. Senthilkumaran vs N. Saravanan @ Saravanan Nachiappan
2024 Latest Caselaw 17674 Mad

Madras High Court

P. Senthilkumaran vs N. Saravanan @ Saravanan Nachiappan on 5 September, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                              Crl. O.P. No. 21764 of 2024


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 05.09.2024

                                                         CORAM

                             THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                Crl. O.P. No. 21764 of 2024

                     P. Senthilkumaran                                             .. Petitioner

                                                           Vs.

                     N. Saravanan @ Saravanan Nachiappan                           .. Respondent

                     Prayer: Criminal Original Petition is filed under Section 528 of BNSS
                     Act, 2023, to call for the records and set aside the order dated 31.07.2024
                     on the file of Principal and Sessions Judge, City Civil Court, Chennai in
                     Crl. M.P. No. 21240 of 2024 in Crl. A. No. 544 of 2024.


                                       For Petitioner   : Mr. G.V. Sridharan


                                                        ORDER

The petitioner herein is an accused in S.T.C.No.1394 of 2023

pending on the file of XXV Metropolitan Magistrate Court, Egmore,

Chennai.

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

2. The petitioner was convicted on 28.06.2024 for offence under

Section 138 of Negotiable Instruments Act and sentenced to undergo four

months simple imprisonment and to pay the cheque amount of

Rs.6,00,000/- as compensation to the complainant. On the date of

judgment, the petitioner was not present. Therefore, he was secured

subsequently on the execution of the warrant.

3. In the meanwhile, the petitioner has preferred an appeal before

the Court of Sessions at Chennai and his appeal has taken on file in

C.A.No.544 of 2024. His application for suspension of sentence in

Crl.MP.No.21240 of 2024 was dismissed on the ground that he has not

come forward to surrender himself after the conviction. Hence, sentence

cannot be suspended. After dismissal of his application for suspension of

sentence on 31.07.2024, the petitioner been secured and committed to

prison, now the petitioner is in prison.

4. The learned counsel for the petitioner states that the petitioner is

ready to abide any conditions that he may be granted bail pending

disposal of the appeal.

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

5. On considering the submissions made by both counsel and

perusal of the records, this Criminal Original Petition is disposed of with

the following directions:

i) the petitioner herein shall deposit a sum of Rs.1,20,000/- in the

S.T.C account and thereafter seek for bail before the lower Appellate

Court.

ii) on such deposit, the bail application to be considered in

accordance with law and disposed of by imposing necessary conditions to

ensure the presence of the appellant during the hearing dates of the

appeal.

05.09.2024

Vv

To

1.The Principal and Sessions Judge, City Civil Court, Chennai.

2. The Metropolitan Magistrate Court-XXV, Egmore, Chennai

3. The Public Prosecutor, High Court of Madras.

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

Dr.G.JAYACHANDRAN,J.

Vv

05.09.2024

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