Madras High Court
M.Lakshminarayanan vs M/S.B.S.G.Traders on 24 September, 2024
Author: G.Jayachandran
Bench: G.Jayachandran
Crl.O.P.No.23348 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.23348 of 2024
M.Lakshminarayanan
Prop: SLN Enterprises,
No. 10,5th Street,
Sridevi Karumariamman Nagar,
Vijayanagar, Velachery, Chennai- 600 042. ... Petitioner
Vs.
M/s.B.S.G.Traders,
Rep.by its Power Agent, Mr.Balu Bhaskar,
S/o Balu Subbaraya Chetty,
No.4,Ground Floor,
Rajiv Gandhi Nagar Main Street,
Erukkencherry,
Chennai-600 118 ... Respondent
Prayer: Criminal Original Petition is filed under Section 528 BNSS,
pleased to set aside the order dated 02.09.2024 in Crl.M.P.No.24682 of
2024 in Crl.A.No.651 of 20^on the file of the Learned Principal Sessions
Judge, Chennai
For Petitioner : Mr.R.Thiagarajan
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1/4
Crl.O.P.No.23348 of 2024
ORDER
The petitioner herein, who did not appear on the date of judgment
in C.C.No.647 of 2019, was found guilty, sentenced to undergo 9 months
Simple Imprisonment and to pay the compensation of Rs.71,79,471.73/-
within a period of one month.
2. Being aggrieved by the said judgment of conviction and
sentence, the petitioner has preferred appeal before the Sessions Court
and the same has been entertained in Crl.A.No.651 of 2024. However,
his application for suspension of sentence in absentia was declined by
the Court of Sessions. Challenging the said order, the present petition is
filed.
3. The learned counsel appearing for the petitioner submits
that the right of appeal includes the right of suspension of sentence. The
appellate Court cannot deny the said right on the ground that the
appellant has not appeared before the trial Court on the date of judgment.
Also rely upon the judgment of this Court, wherein, the accused been
permitted to appear through counsel for suspension of sentence.
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4. This Court finds that once a person convicted and
conviction warrant pending without surrender, suspension of sentence
should not be entertained on admission of appeal. The convicted person
should submit himself to the law of land and seek for remedy. Contesting
appeal by a convict incognito, without submitting to the law of the land
is injury to Section 148 of N.I.Act, which specifically mandates that the
Court should impose condition to deposit upto 20% of the compensation
amount to pursue the appeal and enjoy the suspension of sentence.
Further, to ensure the presence of the appellant to conduct the appeal and
subject himself to the out come of the appeal. Therefore, this Court finds
no perversity in the order passed by the learned Sessions court in
Crl.M.P.No.24682 of 2024 directing the petitioner herein to surrender
and seek for bail.
5. The learned counsel for the petitioner submits that the
petitioner is ready to surrender before the trial Court and seek for bail.
However his application may be considered on the day of surrender itself
with necessary conditions.
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Dr.G.JAYACHANDRAN,J.
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6. This Court finds that the order of conviction was passed on
05.08.2024, the appeal is already been entertained and pending before
the Principal Sessions Court. In the said circumstances, the trial Court
shall consider the bail petition on the day of surrender and pass
appropriate order and also taking into consideration Section 148 of
N.I.Act.
7. With this observation, this Criminal Original Petition is
disposed of.
24.09.2024
Index : Yes/No
Neutral Citation : Yes/No
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To
The Principal Sessions Judge, Chennai
https://www.mhc.tn.gov.in/judis
