Madras High Court
S.Joseph Sebastian Prasanna vs V.K.Sakthivel on 9 April, 2025
Crl.R.C.(MD)No.460 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.460 of 2025
S.Joseph Sebastian Prasanna ... Petitioner
Vs.
V.K.Sakthivel ... Respondent
PRAYER : Criminal Revision Case filed under Section 438 r/w 442
B.N.S.S., to call for the entire records pertaining to the order passed by
the Principal District and Session Judge, Karur in Cr.M.P.No.969 of
2024 in C.A.No.151 of 2024 vide order dated 15.11.2024 and set aside
the same by allowing this criminal revision petition.
For Petitioner : Mr.K.Arunraj
ORDER
The Criminal Revision is directed against the order passed in
Crl.M.P.No.969 of 2024 in Crl.A.No.151 of 2024 dated 15.11.2024 on
the file of the Principal District and Sessions Court, Karur, dismissing
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 12:00:11 pm )
the petition filed under Section 389(1) Cr.P.C. seeking suspension of
sentence.
2. It is evident from the records that the respondent has filed a
private complaint under Section 200 Cr.P.C. against the petitioner for the
offence under Section 138 of Negotiable Instruments Act, that the
learned Magistrate, after trial, has passed a judgment in S.T.C.No.326 of
2021 dated 28.06.2024 convicting the petitioner for the offence under
Section 138 of Negotiable Instruments Act and sentenced him to undergo
6 months simple imprisonment and to pay compensation of Rs.7,00,000/-
within one month, in default, to undergo 1 month simple imprisonment,
that the petitioner aggrieved by the conviction judgment has preferred an
appeal in Crl.A.No.151 of 2024 and also moved an application for
suspension of sentence, that the learned Principal Sessions Judge vide
order dated 09.09.2024 while suspending the sentence has imposed a
condition directing the petitioner to deposit 25% of the compensation
amount on or before 14.10.2024, that subsequently, at the request of the
petitioner's counsel, the case was adjourned to 15.10.2024, 28.10.2024,
06.11.2024, 11.11.2024 and lastly on 15.11.2024 for reporting
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 12:00:11 pm )
compliance and that since the petitioner has not complied with the said
direction despite getting sufficient opportunities, the learned Principal
Sessions Judge has proceeded to dismiss the petition and thereby
cancelled the suspension of sentence already granted.
3. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioner would submit that the petitioner is
ready to deposit some more amount as directed by this Court and the
petitioner may be granted sufficient time to deposit the amount.
4. Considering the above facts and circumstances and also taking
note of the non-compliance of the order of the learned Principal Sessions
Judge from 09.09.2024, the petitioner is to be directed to deposit 40% of
the compensation amount. Accordingly, this Criminal Revision Case
stands allowed and the impugned order dated 15.11.2024 is set aside on
condition that the petitioner shall deposit 40% of the compensation
amount to the credit of S.T.C.No.326 of 2021 on the file of the Judicial
Magistrate, Fast Track Court @ Magisterial Level, Karur on or before
30.04.2025, failing which, this Civil Revision Petition shall stand
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 12:00:11 pm )
dismissed automatically without further reference to this Court. If the
petitioner deposit the said amount on or before 30.04.2025, he will be
entitled to enjoy the privilege of suspension of sentence ordered by the
appellate Court on 09.09.2024. No costs.
09.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
Note :Issue order copy on or before 21.04.2025
To
1.The Principal District and Sessions Judge,
Karur.
2.The Judicial Magistrate,
(Fast Track Court at Magisterial Level),
Karur.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 12:00:11 pm )
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 12:00:11 pm )
K.MURALI SHANKAR,J.
csm
Order made in
Dated: 09.04.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 12:00:11 pm )
