Madras High Court
S.Pandiyaraj vs M/S.P.M.A. Food Products on 7 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.373 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No. 373 of 2025
S.Pandiyaraj
Partner of M/S. Yume Homes and Land,
No.77, See Breeze Apartments,
Kuppam Beach Road,
Singaravelan Nagar,
Thiruvanmiyur,
Chennai 600 041. .... Petitioner
Vs
M/S.P.M.A. Food Products ,
Rep by its Power Agent,
A.P.T.Mahadevan,
New No.160, Old No.100,
2nd Floor, Flat No.7,
Coral Merchant Street,
Mannady,
Chennai 600 001. .... Respondent
PRAYER: Criminal Original Petition is filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records
pertinent to the impugned order passed by the Principal Sessions Judge,
Chennai, in Crl.M.P.No. 36204 of 2024 in Crl.A.No.1059 of 2024 dated
21.12.2024 and to set aside the same.
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Crl.O.P.No.373 of 2025
For Petitioners : Mr.P.Devaraj
For Respondent : Mr.L.P.Mounish
ORDER
This Criminal Original Petition has been filed challenging the
order dated 21.12.2024 passed by the Principal Sessions Judge, Chennai,
in Crl.M.P.No.36204 of 2024 in Crl.A.No.1059 of 2024, thereby directed
the petitioner to surrender before the Trial Court and seek for suspension
of sentence.
2. The petitioner is an accused in the complaint lodged by the
respondent for the offences punishable under Section 138 of the
Negotiable Instruments Act in C.C.No.2320 of 2018 on the file of the
Metropolitan Magistrate Fast Track Court-IV Magisterial Level, George
Town, Chennai. After a full-fledged trial, the Trial Court convicted the
petitioner for the offences punishable under Section 138 of the
Negotiable Instruments Act and sentenced him to undergo six months of
simple imprisonment and also awarded a compensation to the tune of
Rs.18,23,250/- (the cheque amount) with interest at the rate of 3% per
annum.
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3. On the date of Judgment itself, the petitioner filed an
application in Crl.M.P.No.14483 of 2024 seeking suspension of sentence
and the same was ordered till 16.11.2024. Therefore, the petitioner ought
to have filed an appeal and sought suspense of sentence on or before
16.12.2024. Though the petitioner filed an appeal against the order of
conviction before the Appellate Court on 11.12.2024, it was numbered
and his application for suspension of sentence was considered only on
21.12.2024. As a result, after a lapse of 30 days, the Appellate Court did
not have jurisdiction to entertain the application for suspension of
sentence. Consequently, the petitioner was directed to surrender before
the Trial Court and file a petition seeking suspension of sentence.
4. Admittedly, the petitioner filed an appeal within a period of 30
days from the date of suspension of sentence, i.e., 11.12.2024.
Unfortunately, the appeal was numbered and listed before the Appellate
Court only on 21.12.2024. Further, the petitioner is also ready to abide
by any stringent conditions as contemplated under Section 148 of
Negotiable Instruments Act.
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3. In view of the above, the order dated 21.12.2024 passed by the
Principal Sessions Judge, Chennai in Crl.M.P.No.36204 of 2024 in
Crl.A.No.1059 of 2024, is hereby set aside, and the sentence imposed on
the petitioner is suspended subject to the following conditions :
(i) the petitioner shall deposit a sum of Rs.4,00,000/- (Rupees
Four Lakhs only) within a period of 30 days from today.
(ii) the petitioner shall execute a bond for a sum of Rs.10,000/-
[Rupees Ten thousand only] with two sureties each for a like sum to
the satisfaction of the learned Metropolitan Magistrate Fast Track
Court-IV Magisterial Level, George Town, Chennai.
(iii) the petitioner shall appear before the Appellate Court on the
first working day of every English Calendar Month at 10.30 a.m. until
further orders.
07.02.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
Lpp
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To
1. The Principal Sessions Judge,
Chennai
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN, J.
Lpp
07.02.2025
https://www.mhc.tn.gov.in/judis
