Madras High Court
P.K.Ravichandran vs M/S.Arulmozhi Leasings on 3 March, 2025
Crl.R.C.(MD)Nos.269 to 274 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.03.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)Nos.269 to 274 of 2025
and
Crl.M.P.(MD)Nos.2772, 2773, 2777, 2778, 2779 and 2780 of 2025
P.K.Ravichandran ... Petitioner in all
the petitions
Vs.
M/s.Arulmozhi leasings
represented by its working Partner
R.Kathiresan ... Respondent in
Crl.RC(MD)No.
269 of 2025
M/s.Ambigapathy Auto Finance
represented by its working Partner
R.Kathiresan ... Respondent in
Crl.RC(MD)No.
270 of 2025
M/s.Karkuzazi leasings,
represented by its working Partner
R.Kathiresan ... Respondent in
Crl.RC(MD)No.
271 of 2025
1/6
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Crl.R.C.(MD)Nos.269 to 274 of 2025
M/s.Karkuzazi Motor Finance,
represented by its working Partner
R.Kathiresan ... Respondent in
Crl.RC(MD)No.
272 of 2025
M/s.Kavimalar Investments
represented by its working Partner
R.Kathiresan ... Respondent in
Crl.RC(MD)No.
273 of 2025
M/s.Anjugam Investments
represented by its working Partner
R.Kathiresan ... Respondent in
Crl.RC(MD)No.
274 of 2025
COMMON PRAYER : Criminal Revision Petition filed under Sections
438 r/w 442 BNSS, to call for the records orders passed in Crl.M.P.Nos.
1555, 1556, 1510, 1509, 1557 and 1554 of 2024 in C.A.No.212, 213,
206, 205, 214 and 211 of 2024 dated 17.12.2024 on the file of the
learned Principal District and Sessions Judge, Karur and modify the
condition No.(i).
(in all the petitions)
For Petitioner : Mr.N.Mohideen Basha
COMMON ORDER
These Criminal Revisions are directed against the impugned
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Crl.R.C.(MD)Nos.269 to 274 of 2025
condition No.(i) made in Crl.M.P.Nos.1555, 1556, 1510, 1509, 1557 and
1554 of 2024 in C.A.Nos.212, 213, 206, 205, 214 and 211 of 2024 dated
17.12.2024 on the file of the Principal District and Sessions Court,
Karur, wherein, the petitioner was directed to deposit 25% of the
compensation amount to the credit in C.C.Nos.457, 458, 455, 454, 459
and 456 of 2017 on the file of the Judicial Magistrate, Fast Track Court
@ Magisterial Level, Karur on or before 20.01.2025.
2. It is not in dispute that the learned Magistrate, after trial, has
passed judgments dated 21.10.2024 convicting the petitioner for the
offence under Section 138 of Negotiable Instruments Act and sentenced
to undergo 1 year simple imprisonment and further directed to pay
compensation of Rs.8 lakhs, Rs.12 lakhs, Rs.9 lakhs, Rs.10 lakhs, Rs.6
lakhs and Rs.8 lakhs respectively to the complainant within one month,
in default, to undergo 1 month simple imprisonment.
3. Challenging the above said judgment of conviction, the
petitioner has preferred six appeals in C.A.Nos.212, 213, 206, 205, 214
and 211 of 2024 and also moved applications for suspension of sentence
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Crl.R.C.(MD)Nos.269 to 274 of 2025
and the learned Principal Sessions Judge, while suspending the sentence,
has imposed the impugned condition No.(i) directing the petitioner to
deposit 25% of the compensation amount in all the six applications.
4. The learned counsel appearing for the petitioner would submit
that since the orders were not complied, the learned Principal Sessions
Judge has passed consequential orders dated 26.02.2025 dismissing the
said applications for suspension of sentence and directed the trial Court
to secure the petitioner and commit for the period of sentence imposed by
it.
5. The learned counsel appearing for the petitioner would submit
that the petitioner is ready to deposit the amount as directed by this Court
within the time to be stipulated.
6. Considering the above facts and circumstances and also taking
note of the orders passed by the learned Principal Sessions Judge, this
Court is inclined to set aside the consequential orders dated 26.02.2025
by directing the petitioner to deposit 30% of the compensation amount.
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Crl.R.C.(MD)Nos.269 to 274 of 2025
Accordingly, the consequential orders dated 26.02.2025 passed by the
learned Principal District and Sessions Judge, Karur, are hereby set aside.
The petitioner is directed to deposit 30% of the compensation amount in
all the six cases before the concerned Court, on or before 03.04.2025. In
respect of other conditions, the order of the learned Principal District and
Sessions Judge, Karur, shall remain unaltered.
7. With the above direction, these Criminal Revision Cases are
disposed of. Consequently, connected Miscellaneous Petitions are
closed. No costs.
03.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
Note : Issue order copy on 04.03.2025
To
1.The Principal District and Sessions Judge,
Karur.
2.The Judicial Magistrate,
Fast Track Court @ Magisterial Level,
Karur.
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Crl.R.C.(MD)Nos.269 to 274 of 2025
K.MURALI SHANKAR,J.
csm
Common order made in
Crl.R.C.(MD)Nos.269 to 274 of 2025
and
Crl.M.P.(MD)Nos.2772, 2773, 2777, 2778, 2779 and 2780 of 2025
Dated: 03.03.2025
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