Madras High Court
Ganesan vs Ganesakumar on 30 April, 2025
Crl.R.C.(MD)No.561 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.561 of 2025
and
Crl.M.P.(MD)No.6237 of 2025
Ganesan ... Petitioner
Vs.
Ganesakumar ... Respondent
PRAYER : Criminal Revision Case filed under Section 438 r/w 442
B.N.S.S., to call for the records of the suspension order dated 19.03.2025
passed in Cr.M.P.No.994 of 2025 in C.A.No.21 of 2025 on the file of the
Principal District and Sessions Judge, Virudhunagar District at
Srivilliputhur and set aside the first condition to deposit a sum of
Rs.3,20,000/- within 30 days by allowing this revision petition.
For Petitioner : Mr.R.Maheswaran
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Crl.R.C.(MD)No.561 of 2025
ORDER
The Criminal Revision is directed against the condition No.(i)
imposed in Crl.M.P.No.994 of 2025 in Crl.A.No.21 of 2025 dated
19.03.2025 on the file of the Principal District and Sessions Court,
Virudhunagar District at Srivilliputtur, wherein, the petitioner was
directed to deposit Rs.3,20,000/- being 20% of the compensation amount
before the trial Court within 30 days.
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 and the learned
Magistrate, after full-fledged trial, has passed a judgment in C.C.No.277
of 2023 dated 18.02.2025 finding the petitioner guilty for the offence
under Section 138 of Negotiable Instruments Act and the petitioner was
convicted and sentenced to undergo six months simple imprisonment and
to pay compensation of Rs.16,00,000/-, in default, to undergo two
months simple imprisonment. Challenging the said conviction judgment,
the petitioner has preferred an appeal in Crl.A.No.21 of 2025 and also
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moved an application for suspension of sentence and the learned
Principal Sessions Judge, while suspending the sentence, has imposed
the impugned condition directing the petitioner to deposit Rs.3,20,000/-.
3. The learned counsel appearing for the petitioner would mainly
contend that without any basis, the impugned condition came to be
imposed.
4. On perusal of the impugned order, the learned Principal
Sessions Judge, considering the materials available on record and also
taking note of the judgment of the trial Court and also taking note of the
submission made by the learned counsel for the petitioner that the
petitioner is ready to deposit 20% of the compensation amount before
trial Court, has imposed the impugned condition and as such, this Court
is not inclined to interfere with the said order.
5. At this juncture, the learned counsel appearing for the petitioner
would submit that the petitioner may be granted some more time to
deposit the amount as directed by the appellate Court.
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6. Considering the facts and circumstances and also taking note of
the submission made by the learned counsel appearing for the petitioner,
this Court is inclined to grant time till 11.06.2025. Accordingly, the
petitioner is directed to comply with the directions of the learned
Principal District and Sessions Judge, Virudhunagar District at
Srivilliputtur in Crl.M.P.No.994 of 2025 in Crl.A.No.21 of 2025 dated
19.03.2025 on or before 11.06.2025.
7. With the above direction, this Criminal Revision Case stands
disposed of. Consequently, connected Miscellaneous Petition is closed.
No costs.
30.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
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Note :Issue order copy on or before 09.05.2025
To
1.The Principal District and Sessions Judge,
Virudhunagar District at Srivilliputtur.
2.The Judicial Magistrate,
Aruppukottai.
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K.MURALI SHANKAR,J.
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Order made in
and
Dated: 30.04.2025
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