Madras High Court
Selva Ganesan vs M.Gandhi on 3 January, 2025
Crl.R.C(MD)No.1383 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.VADAMALAI
Crl.R.C(MD)No.1383 of 2024
Selva Ganesan ... Petitioner
Vs.
M.Gandhi ... Respondent
PRAYER: This Criminal Revision Case is filed under Section 438 r/w 442
of BNSS, to call for the records pertaining to the order, dated 06.10.2023
made in Crl.M.P.No.6422 of 2023 in C.A.No.194 of 2023 on the file of the
Principal Sessions Judge, Thoothukudi and set aside the same and
consequently proceed with C.A.No.194 of 2023 on the file of the Principal
Sessions Judge, Thoothukudi and allow the above criminal revision case.
For Petitioner : Mr.J.Sulthan Basha
For Respondent : Mr.N.Pragalathan
ORDER
This Criminal Revision Case is filed to set aside the conditional order,
dated 06.10.2023 passed in Crl.M.P.No.6422 of 2023 in Crl.A.No.194 of 2023
on the file of the learned Principal Sessions Judge, Thoothukudi and
consequently proceed with Crl.A.No.194 of 2023.
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2.The brief facts of the case:
The revision petitioner is the accused in C.C.No.212 of 2015 on the file
of the learned Judicial Magistrate, FTC at Magistrate Level, Thoothukudi.
The said case was filed by the respondent against the revision petitioner
U/s.138 of the Negotiable Instruments Act r/w Section 200 of Cr.P.C. upon the
dishonour of cheque for Rs.21,00,000/- issued by the revision petitioner. After
contest, the learned Judicial Magistrate, FTC at Magistrate Level, Thoothukudi
found the petitioner guilty U/s.138 of the NI Act and sentenced to undergo
simple imprisonment for a period of one year and also directed the petitioner to
pay Rs.31,08,000/- (cheque amount Rs.21,00,000/- with subsequent interest at
6% p.a from date of cheque i.e., 15.09.2015) to the complainant towards
compensation within one month, in default, to undergo simple imprisonment
for a period of two months by the judgment dated 13.09.2023. Challenging the
said judgment, the revision petitioner preferred the appeal in Crl.A.No.194 of
2023 before the Principal Sessions Court, Thoothukudi. Along with the
appeal, the revision petitioner has also filed the petition in Crl.M.P.No.6422 of
2023 in Crl.A.No.194 of 2023 to suspend the sentence, in which, the learned
Principal Sessions Judge, Thoothukudi passed the conditional order to deposit
20% of cheque amount i.e., Rs.4,20,000/- within one month from the date of
order, failing which that petition for suspension of sentence should stand
dismissed, and as the revision petitioner has not deposited 20% of cheque
amount as directed, the petition stood dismissed.
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3. Being aggrieved by the order, the petitioner preferred this criminal
revision case.
4. Heard the learned counsel appearing for the petitioner and perused the
records in this Criminal Revision Case.
5. The learned counsel appearing for the revision petitioner has
submitted that the petitioner was not informed about the conditional order of
the Appellate Court and also he is not aware of the back drop of the case.
He would further submit that as the petitioner was not able to mobilize 20%
amount as per conditional order and was not able to deposit within the
stipulated time, the petition for suspension of sentence was dismissed.
The petitioner is under apprehension of arrest on issuance of NBW. Now, the
petitioner has mobilized the amount and he is ready to deposit before the trial
Court within the stipulated time as ordered by this Court and the petitioner is
ready to conduct the appeal as he has a good case. Therefore, the dismissal of
the petition for suspension of imprisonment may be set aside.
6. The case is relating to dishonor of cheque filed under the provisions
of N.I. Act. The accused preferred the criminal appeal against the conviction
and compensation awarded by the trial court. Whileso, the Appellate Court
while considering suspension of sentence imposed the condition to deposit
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20% of the cheque amount of Rs.4,20,000/- within one month, failing which
that petition should stand dismissed. Since the petitioner has not deposited the
20% of the cheque amount as ordered by the Appellate Court, the petition
stood dismissed. However, now the petitioner submitted that he is ready to
deposit 20% cheque amount and he may be given an opportunity to conduct
the criminal appeal before the first appellate court. It is a settled principle
that every opportunity must be given to the litigant. In view of the
submission/undertaking given by the petitioner and also considering the
other facts and circumstances, this court is inclined to allow this petition on
condition.
7. Accordingly, this Criminal Revision Case is allowed on condition
as follows:
(i) The petitioner is directed to deposit 20% of the
cheque amount i.e., Rs.4,20,000/- (Rupees Four lakhs
and twenty thousand only) to the credit of C.C.No.212 of
2015 on the file of the learned Judicial Magistrate, FTC at
Magistrate Level, Thoothukudi within a period of two
weeks from the date of receipt of a copy of this order;
(ii) On such deposit, the conditional order of
dismissal by the learned Principal Sessions Judge,
Thoothukudi in Crl.M.P.No.6422 of 2023 in Crl.A.No.194
of 2023, dated 06.10.2023 is set aside. The sentence of
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imprisonment awarded in C.C.No.212 of 2015 on the file
of the Judicial Magistrate, FTC at Magistrate Level,
Thoothukudi is suspended till the disposal of Crl.A.No.
194 of 2023 on the file of the learned Principal Sessions
Judge, Thoothukudi;
(iii) Thereafter, the petitioner is ordered to be
enlarged on bail on his executing a bond for Rs.25,000/-
(Rupees Twenty Five Thousand only) along with two
sureties each for the like sum to the satisfaction of the
learned Judicial Magistrate, FTC at Magistrate Level,
Thoothukudi;
(iv) The sureties shall affix their photographs and
Left Thumb Impression in the surety bond and the trial
Court may obtain a copy of their Aadhar card or Bank
Pass Book to ensure their identity; and
(v) The petitioner shall appear before the learned
Judicial Magistrate, FTC at Magistrate Level,
Thoothukudi once in a month i..e, on the first working
day of every English Calendar month at 10.30 a.m. until
further orders.
03.01.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
VSD
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To
1.The Principal Sessions Judge,
Thoothukudi.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P.VADAMALAI, J.
VSD
Order made in
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03.01.2025
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